This Statutory Instrument has been made in consequence of defects in S.I.2009/309 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2009 No. 1768
National Health Service, England
Social Care, England
The Local Authority Social Services and National Health Service Complaints (England) (Amendment) Regulations 2009
Made
2nd July 2009
Laid before Parliament
9th July 2009
Coming into force
1st September 2009
The Secretary of State, in exercise of the powers conferred by sections 113(1), 114(1) and (2), 115(1) and (2) and 195(1) and (2) of the Health and Social Care (Community Health and Standards) Act 2003( 1 ), makes the following Regulations:
Citation, commencement, interpretation and application
1. —(1) These Regulations may be cited as the Local Authority Social Services and National Health Service Complaints (England) (Amendment) Regulations 2009.
(2) These Regulations come into force on 1st September 2009.
(3) In these Regulations, “the Complaints Regulations” means the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009( 2 ).
(4) These Regulations apply in relation to England.
Amendment of regulation 1 of the Complaints Regulations
2. In paragraphs (3) and (4) of regulation 1 of the Complaints Regulations (citation, commencement, effect and application), for “1st April 2010” substitute “1st October 2010”.
Amendment of regulation 6 of the Complaints Regulations
3. In regulation 6 of the Complaints Regulations (duty to handle complaints), after paragraph (1), insert—
“ (1A) This regulation also applies to a complaint made on or after 1st September 2009 in accordance with these Regulations to a local authority where—
(a) the local authority has made arrangements with a person for the discharge of a relevant function; and
(b) the complaint relates to the discharge of, or the failure to discharge, a relevant function under those arrangements.
(1B) In paragraph (1A), “relevant function” means—
(a) any of the local authority’s social services functions; or
(b) any function to be discharged by the local authority under arrangements specified in paragraph (1)(a)(ii). ” .
Amendment of regulation 8 of the Complaints Regulations
4. —(1) Regulation 8 of the Complaints Regulations (complaints not required to be dealt with) is amended in accordance with the following paragraphs.
(2) In paragraph (1), omit “Subject to paragraph (2),”.
(3) For paragraph (2), substitute—
“ (2) Subject to paragraph (2A), where a complaint is a complaint specified in paragraph (1), and a responsible body makes a decision to that effect, the responsible body must as soon as reasonably practicable notify the complainant in writing of its decision and the reason for its decision.
(2A) Paragraph (2) does not apply to a complaint specified in sub-paragraph (c) of paragraph (1). ” .
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
2nd July 2009