PART 12Complaints

Co-operation with investigations73.

(1)

The contractor must co-operate with—

(a)

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

(i)

the Board, or

(ii)

the Health Service Commissioner; and

(b)

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

(2)

In paragraph (1)—

“NHS body” means—

(a)

in relation to England and Wales, the Board or a CCG; and

(b)

in relation to England and Wales, Scotland and Northern Ireland, an NHS Trust, an NHS foundation trust, a Local Health Board, a Health Board a Health and Social Services Board or a Health and Social Services Trust;

“local authority” means—

(a)

a local authority within the meaning of section 1 of the Local Authority Social Services Act 1970 M1 (local authorities);

(b)

the Council of the Isles of Scilly; F1...

(c)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M2 (constitution of councils); F2or

(d)

F3the council of a county or county borough in Wales; and

“Health Service Commissioner” means the person appointed as Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993 M3 (The Commissioner).

(3)

For the purposes of paragraph (1), co-operation includes—

(a)

answering questions which are reasonably put to the contractor by the Board;

(b)

providing information relating to the complaint which is reasonably required by the Board; and

(c)

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