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SCHEDULE 3E+WOTHER CONTRACTUAL TERMS

PART 6E+WCOMPLAINTS

Complaints procedureE+W

F147.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Making of complaintsE+W

F148.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Period for making complaintsE+W

F249.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Further requirements for complaints proceduresE+W

F250.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Co-operation with investigationsE+W

51.—(1) The contractor shall co-operate with—

(a)any investigation of a complaint in relation to any matter reasonably connected with the provision of services under the contract undertaken by—

(i)[F3NHS England]; and

(ii)[F4the Health Service Commissioner]; and

(b)any investigation of a complaint by an NHS body or local authority which relates to a patient or former patient of the contractor.

(2) In sub-paragraph (1)—

“NHS body” means [F3NHS England], an NHS trust, an NHS foundation trust, F5... a Local Health Board, a Health Board, a Health and Social Services Board, a Health and Social Services Trust or, a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 M1;

“local authority” means—

(a)

any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 M2 (local authorities);

(b)

the Council of the Isles of Scilly; F6...

(c)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M3 (constitution of councils); [F7or]

(d)

[F8a council of a county or county borough in Wales;]

[F9“Health Service Commissioner” means the person appointed Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993].

(3) The co-operation required by sub-paragraph (1) includes—

(a)answering questions reasonably put to the contractor by [F3NHS England];

(b)providing any information relating to the complaint reasonably required by [F3NHS England]; and

(c)attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given) if the contractor's presence at the meeting is reasonably required by the Primary Care Trust.

Textual Amendments

Marginal Citations

Provision of informationE+W

52.  The contractor shall inform [F3NHS England], at such intervals as [F3NHS England] requires, of the number of complaints it has received under the procedure established in accordance with [F10the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009].

Textual Amendments