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The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

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Transitional provision: complaints to NHS bodies, primary care providers and independent providers, and investigation by Health Service Commissioner

This section has no associated Explanatory Memorandum

20.—(1) This paragraph applies to—

(a)a complaint which—

(i)immediately before 1st April 2009 falls to be handled under the 2004 Regulations; and

(ii)is not a complaint which, under regulation 7 of those Regulations, is excluded from the scope of the arrangements required under Part 2 of those Regulations; or

(b)a complaint which before 1st April 2009 a complainant has requested the Healthcare Commission to consider under regulation 14 of the 2004 Regulations.

(2) Where paragraph (1) applies to a complaint—

(a)the 2004 Regulations, except for regulations 14 to 22 of those Regulations, shall continue to have effect in relation to the complaint;

(b)regulation 13 of those Regulations shall have effect in relation to the complaint as if, in paragraph (4), the words “Health Service Commissioner under the Health Service Commissioners Act 1993” were substituted for the words “Healthcare Commission in accordance with regulation 14”; and

(c)any request made under regulation 14 before 1st April 2009 for the Healthcare Commission to consider the complaint shall have effect as a request to the Health Service Commissioner to consider the complaint under the 1993 Act.

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