Co-operation with investigationsE+W
51.—(1) The contractor 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 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 [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, [F4an integrated care board], [F5NHS England] or an equivalent body constituted in Scotland or Northern Ireland;
“local authority” means—
any of the bodies listed in section 1 of the Local Authority Social Services Act 1970(1) (local authorities);
the Council of the Isles of Scilly;F6...
a council constituted under section 2 of the Local Government etc, (Scotland) Act 1994(2) (constitution of councils)[F7; or]
[F8a 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 [F1or 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 [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 Local Health Board.
Textual Amendments
F1Words 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)
F2Sch. 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)
F3Sch. 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)
F4Words 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))
F5Words 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
F6Word 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)
F7Word 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)
F8Words 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
I1Sch. 3 para. 51 in force at 1.3.2006, see reg. 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.