The National Health Service (General Dental Services Contracts) (Wales) Regulations 2006

Co-operation with investigations E+W

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

(a) any investigation of a complaint [F1 or 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 contract undertaken by—

(i) the Local Health Board; and

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

[F3 (iii) the Welsh Ministers; and

(iv) the Public Services Ombudsman for Wales; and]

(b) any investigation of a complaint [F1 or 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, [F4 an integrated care board], [F5 NHS England] 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;F6 ...

(c)

a council constituted under section 2 of the Local Government etc, (Scotland) Act 1994(2) (constitution of councils)[F7 ; or]

(d)

[F8 a council of a county or county borough in Wales.]

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

(a) answering questions reasonably put to the contractor by the Local Health Board;

(b) providing any information relating to the complaint [F1 or concern notified in accordance with the National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011] reasonably required by the Local Health Board; and

(c) attending any meeting to consider the complaint [F1 or 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 Local Health Board.

Textual Amendments

F1 Words in Sch. 3 para. 51 inserted (1.4.2011) by The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 (S.I. 2011/704), reg. 1(2), Sch. 2 para. 4(2)(c)(iii)(aa)

F2 Sch. 3 para. 51(1)(a)(ii) omitted (1.4.2009) by virtue of The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 1(4), Sch. 5 para. 20(b)

F3 Sch. 3 para. 51(1)(a)(iii)(iv) substituted for Sch. 3 para. 51(1)(a)(iii) (1.4.2011) by The National Health Service (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011 (S.I. 2011/704), reg. 1(2), Sch. 2 para. 4(2)(c)(iii)(bb)

F4 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))

F5 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F6 Word in Sch. 3 para. 51(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 69(a)

F7 Word in Sch. 3 para. 51(2) substituted for full stop by virtue of (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 69(b)

F8 Words in Sch. 3 para. 51(2) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 69(c)

Commencement Information

I1 Sch. 3 para. 51 in force at 1.3.2006, see reg. 1(1)

(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.

(2)

1994 c. 39.