22.—(1) Where, on 31st March 2004 –
(a)a complaint had been made under paragraph 52 of Schedule 2 to the 1997 Regulations by or on behalf of a patient or former patient of a relevant medical practitioner; and
(b)the investigation of that complaint under the practice based complaints procedure required to be established under paragraph 52 had not concluded,
that complaint must, from 1st April 2004, be investigated, or in an appropriate case continue to be investigated, by the succeeding contractor as if paragraph 52 had not been revoked.
(2) Where, on 31st March 2004 –
(a)a complaint had been made under paragraph 52 of Schedule 2 to the 1997 Regulations by or on behalf of a patient or former patient of a medical practitioner to whom there is no succeeding contractor; and
(b)the investigation of that complaint under the practice based complaints procedure required to be established under paragraph 52 had not concluded,
that complaint must be investigated by one of the persons specified in paragraph (3) as if paragraph 52 had not been revoked.
(3) The persons referred to in paragraph (2) are –
(a)the person who was the former partner of the medical practitioner on whose list of patients the complainant was included, if he meets the requirements in paragraph (4);
(b)if the person specified in paragraph (a) satisfies the Board on whose medical list his former partner was included for the purposes of providing general medical services to the complainant that, having regard to the nature of the complaint, it would not be appropriate for the complaint to be investigated by him, that Board; or
(c)in any other case, the Board on whose medical list the medical practitioner was included for the purposes of providing general medical services to the complainant.
(4) The requirements referred to in paragraph (3) are that the former partner –
(a)has or have entered into a default contract or a general medical services contract, as an individual medical practitioner or as one of two or more individuals practising in partnership, with the Board on whose medical list his former partner was included for the purposes of providing general medical services to the complainant; or
(b)is a legal and beneficial shareholder in a company which has entered into a general medical services contract with that Board.
(5) Where, under paragraph (3), a complaint made by or on behalf of a patient or former patient would fall to be investigated, or continue to be investigated, by more than one general medical services contractor or default contractor, the contractors concerned shall –
(a)enter into discussions as to which of them would be the most appropriate person to deal with the complaint; and
(b)if they are unable to reach agreement, refer the matter to the Board on whose medical list their former partner was included for the purposes of providing general medical services to the complainant and that Board shall investigate the complaint itself.
Commencement Information
I1Art. 22 in operation at 1.4.2004, see art. 1(1)