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Regulation 7 Matters excluded from consideration under the arrangements

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

The following complaints are excluded from the scope of the arrangements required under this Part —

(a)

a complaint made by an NHS body which relates to the exercise of its functions by another NHS body;

(b)

a complaint made by a primary care provider which relates either to the exercise of its functions by an NHS body or to the contract or arrangements under which it provides primary care services;

(c)

a complaint made by an employee of an NHS body about any matter relating to his contract of employment;

(d)

a complaint made by an independent provider or an NHS foundation trust about any matter relating to arrangements made by an NHS body with that independent provider or NHS foundation trust;

(e)

a complaint which relates to the provision of primary medical services in accordance with arrangements made by a Primary Care Trust with a Strategic Health Authority under section 28C of the 1977 Act or under a transitional agreement;

(f)

a complaint which is being or has been investigated by the Health Service Commissioner;

(g)

a complaint arising out of an NHS body’s alleged failure to comply with a data subject request under the Data Protection Act 1998f1 or a request for information under the Freedom of Information Act 2000(f2)

(h)

a complaint about which the complainant has stated in writing that he intends to take legal proceedings; and

(i)

a complaint about which an NHS body is taking or is proposing to take disciplinary proceedings in relation to the substance of the complaint against a person who is the subject of the complaint.

Annotations

Footnotes

f1

1998 c. 29

f2

2000 c. 36.