Regulation 23 Transitional provision
In this regulation “former complaints provisions” means any of the directions in relation to complaints given under section 17 of the 1977 Act which are revoked by regulation 24.
Subject to paragraphs (3) and (4), where before 30th July 2004, a complaint has been made in accordance with any former complaints provisions, it must be investigated, or in an appropriate case continue to be investigated, in accordance with those provisions.
Except where paragraph (4) applies, where an investigation of a complaint has been conducted and completed by the complaints manager of an NHS body in accordance with any former complaints provisions, Part III of these Regulations (handling and consideration of complaints by the Healthcare Commission) shall apply.
Where, in accordance with former complaints provisions—
an investigation of a complaint has been conducted and completed as mentioned in paragraph (3); and
the person who made the complaint has made a request to an NHS body for a review by an independent review panel,
the independent review panel must be established in accordance with the former complaints provisions, conduct its investigation and make a report in accordance with those provisions.