# The National Health Service (Complaints) Regulations 2004, Regulation 7: Matters excluded from consideration under the arrangements


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 1998 or a request for information under the Freedom of Information Act 2000()
(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.

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Source: https://www.legislation.gov.uk/uksi/2004/1768/regulation/7 (the official version)
Page: https://openlegislation.uk/national-health-service-complaints-regulations-2004/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.