Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005
1.—(1) The National Health Service (Pharmaceutical Services) Regulations 2005(1) are amended as follows.
(2) In Schedule 1 (terms of service of pharmacists), for paragraph 32 (complaints) substitute—
“Complaints
32.—(1) A pharmacist must have in place—
(a)arrangements which are essentially the same as those set out in Part 2 of the National Health Service (Complaints) Regulations 2004(2), for the handling and consideration of any complaints—
(i)which were made on or before 31st March 2009; and
(ii)in respect of which the complaints process has not yet been concluded; and
(b)arrangements which comply with the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009(3), for the handling and consideration of any complaints made on or after 1st April 2009.
(2) The reference in sub-paragraph (1)(a) to the National Health Service (Complaints) Regulations 2004 is a reference to those Regulations as they had effect on 31st March 2009 and as if they had not been revoked.
(3) In this paragraph, “complaint” means a complaint about a matter connected with the provision of pharmaceutical services by the pharmacist.”.
(3) In Schedule 2 (terms of service of dispensing doctors), in paragraph 9(1)(c) (complaints procedures), after “relevant APMS contract” add “, in accordance with any obligation imposed on the APMS contractor by the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009,”.
(4) In Schedule 3 (terms of service of suppliers of appliances), for paragraph 19 (complaints) substitute—
“Complaints
19.—(1) A supplier of appliances must have in place—
(a)arrangements which are essentially the same as those set out in Part 2 of the National Health Service (Complaints) Regulations 2004, for the handling and consideration of any complaints—
(i)which were made on or before 31st March 2009; and
(ii)in respect of which the complaints process has not yet been concluded; and
(b)arrangements which comply with the requirements of the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009(4), for the handling and consideration of any complaints made on or after 1st April 2009.
(2) The reference in sub-paragraph (1)(a) to the National Health Service (Complaints) Regulations 2004 is a reference to those Regulations as they had effect on 31st March 2009 and as if they had not been revoked.
(3) In this paragraph, “complaint” means a complaint about a matter connected with the provision of pharmaceutical services by the supplier of appliances.”.