SCHEDULE 3OTHER CONTRACTUAL TERMS

PART 6COMPLAINTS

Co-operation with investigations51

1

The contractor F3... shall co-operate with—

a

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

i

F8NHS England; and

ii

F1the 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 F8NHS England, an NHS trust, an NHS foundation trust, F4... 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—

    1. a

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

    2. b

      the Council of the Isles of Scilly; F5...

    3. c

      a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M3 (constitution of councils); F6or

    4. d

      F7a council of a county or county borough in Wales;

  • F2“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 F8NHS England;

b

providing any information relating to the complaint reasonably required by F8NHS 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 F8NHS England.