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Paragraph 26 Co-operation with investigations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The contractor shall co-operate with—

(a)

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

(i)

the PCT; and

(ii)

the Commission for Healthcare Audit and Inspection; 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 a Primary Care Trust, an NHS trust, an NHS foundation trust, a Strategic Health Authority, 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 1978f1; and

  • “local authority” means—

    1. (a)

      any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 f2(local authority);

    2. (b)

      the Council of the Isles of Scilly; or

    3. (c)

      a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994f3 (constitution of councils).

(3)

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

(a)

answering questions reasonably put to the contractor by the PCT;

(b)

providing any information relating to the complaint reasonably required by the PCT; 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 the PCT.

Annotations

Footnotes

f1

1978 c.29.

f2

1970 c. 42; s. 1 was amended by the Local Government Act 1972 (c. 70), s. 170.

f3

1994 c. 39.