The National Health Service (General Medical Services) (Amendment) (No. 2) (Wales) Regulations 2003

Welsh Statutory Instruments

2003 No. 784 (W.95)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (General Medical Services) (Amendment) (No. 2) (Wales) Regulations 2003

Made

18th March 2003

Coming into force

1st April 2003

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 29 and 126(4) of the National Health Service Act 1977(1) hereby makes the following Regulations:

Citation, commencement, application and effect

1.—(1) These Regulations may be cited as the National Health Service (General Medical Services) (Amendment) (No 2) (Wales) Regulations 2003 and shall come into force on 1st April 2003.

(2) These Regulations apply to Wales only.

(3) The National Health Service (General Medical Services) Regulations 1992(2) shall be amended in accordance with the following provisions of these Regulations.

Amendment of Paragraph 47A of Schedule 2

2.  Paragraph 47A of Schedule 2 (Complaints) shall be amended in accordance with the following paragraphs—

(a) in paragraph (6)(b)(ii) for the word “three”, substitute the word “two”; and

(b) in paragraph (6)(c) for the figure “10”, substitute the figure “20”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the National Assembly for Wales.

18th March 2003

Explanatory Note

(This note is not part of the Order)

These Regulations further amend the National Health Service (General Medical Services) Regulations 1992 which regulate the terms on which general medical services are provided under the National Health Service Act 1977.

Regulation 2 contains provisions amending the length of time doctors have to respond to complaints made by or on behalf of patients or former patients under their practice based complaints procedure. The time permitted to doctors to formally acknowledge complaints orally or in writing is reduced from three to two days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays), whereas the time permitted to provide a complainant with a written summary of investigations and conclusions is increased from 10 to 20 working days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays) .

(1)

1977 c. 49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”.

Section 29 was amended by S.I. 1985/39, article 7(3); the Health Authorities Act 1995 (c. 17), section 2(1), Schedule 1, paragraph 18; the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), sections 2(5) and 37(1), Schedule 2, Part 1, paragraphs 1, 3(1)(2) and 3(a)(b), Schedule 8, paragraphs 1 and 2; the National Health Service (Primary Care) Act 1997 (c. 46), section 41(10), (12), Schedule 2, paragraph 8 and Schedule 3, Part 1; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 14, Schedule 6, paragraphs 2(1) and (2); the Health Services Act 1980 (c. 53) section 7; the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 23(1) and (2); the Medical Act 1983 (c. 54) section 56(1), Schedule 5, paragraph 16(a), and the Medical (Professional Performance) Act 1995 (c. 51) section 4, Schedule 1, paragraph 28(b).

Section 126(4) was amended by the 1990 Act, section 65(2); by the Health Act 1999 (c. 8), section 65(1), Schedule 4, paragraphs 4, 37(1) and (6); the 2001 Act, section 67(1), Schedule 5, Part 1, paragraphs 5(1) and (13)(b) and by the 2002 Act, section 6(3)(c).

As regards Wales, the functions of the Secretary of State under sections 29 and 126(4) of the National Health Service Act 1977 are transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions ) Order 1999, S.I. 1999/672.

(2)

S.I. 1992/635, the relevant amending instrument is S.I. 1996/702 which inserts paragraphs 47A and B into Schedule 2.

(3)

1998 c. 38.