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SCHEDULE 3E+WOTHER CONTRACTUAL TERMS

PART 6E+WCOMPLAINTS

Co-operation with investigationsE+W

51.—(1) The contractor (other than a Local Health Board) will co-operate with—

(a)any investigation of a complaint [F1or concern notified in accordance with the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011] in relation to any matter reasonably connected with the provision of services under the agreement undertaken by—

(i)the Relevant Body, and

F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(iii)the Welsh Ministers; and

(iv)the Public Services Ombudsman for Wales;]

(b)any investigation of a complaint [F1or concern notified in accordance with the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011] 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 a Local Health Board, an NHS trust, an NHS foundation trust, [F4a clinical commissioning group, the National Health Service Commissioning Board], or an equivalent body constituted in Scotland or Northern Ireland;

“local authority” means—

(a)

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

(b)

the Council of the Isles of Scilly, or

(c)

a council constituted under section 2 of the Local Government etc, (Scotland) Act 1994(2) (constitution of councils).

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

(a)answering questions reasonably put to the contractor by the Relevant Body;

(b)providing any information relating to the complaint [F1or concern notified in accordance with the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011] reasonably required by the Relevant Body; and

(c)attending any meeting to consider the complaint [F1or concern notified in accordance with the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011] (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 Relevant Body.

(1)

1970 c. 42; section 1 was amended by the Local Government Act 1972 (c. 70), section 195 and by the Local Government (Wales) Act 1994 (c. 19), Schedule 10, paragraph 7.