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Paragraph 97 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 of services under the contract undertaken by—

(i)

the Primary Care Trust, 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, (in England and Wales and Scotland) an NHS trust, an NHS foundation trust, a Strategic Health Authority, a Local Health Board, a Health Board, a Health and Social Services Board or a Health and Social Services Trust;

  • “local authority” means—

    1. (a)

      any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 (local authorities)f1,

    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 1994 (constitution of councils)f2.

(3)

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

(a)

answering questions reasonably put to the contractor by the Primary Care Trust;

(b)

providing any information relating to the complaint reasonably required by the Primary Care Trust; 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 Primary Care Trust.

Annotations

Footnotes

f1

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.

f2

1994 c. 39.