Regulation 80 Co-operation with investigations
England and Wales
The contractor must co-operate with—
the investigation of any complaint made in relation to a matter that is reasonably connected with the provision of services under the contract by—
F1NHS England, or
the Health Service Commissioner; and
the investigation of any complaint made by an NHS body or local authority which relates to a patient or former patient of the contractor.
In paragraph (1)—
“NHS body” means—
- (a)
in relation to England, NHS England or F2an integrated care board; and
- (b)
in relation to England and Wales, Scotland and Northern Ireland, an NHS trust, an NHS foundation trust, a Local Health Board, a Health Board, a Health and Social Services Board or a Health and Social Services Trust;
- (a)
“local authority” means—
“Health Service Commissioner” means the person appointed as Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993 M3 (The Commissioner).
For the purposes of paragraph (1), co-operation includes—
answering any questions which are reasonably put to the contractor by NHS England;
providing any information relating to the complaint which is reasonably required by NHS England; and
attending any meeting held to consider the complaint (if held at a reasonably accessible place and at a reasonable hour and if due notice has been given) if the contractor's presence at the meeting is reasonably required by NHS England .
Annotations
Textual amendments
- F1
Words 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
- F2
Words 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))
- F3
Word in reg. 80(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. 186(a)
- F4
Word in reg. 80(2) substituted (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. 186(b)
- F5
Words in reg. 80(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. 186(c)
Marginal citations
- M1
1970 c.42. Section 1 was amended by the section 195 of Local Government Act 1972 (c.70) and section 22(4) of, and Schedule 10 to, the Local Government (Wales) Act 1994 (c.19).
- M2
1994 c.39. Section 2 was amended by paragraph 232(1) of Schedule 22 to the Environment Act 1995 (c.25).
- M3
1993 c.46. Section 1 was amended by section 224 of, and paragraph 7 of Schedule 7 to, the Local Government (Wales) Act 1994; section 112 of, and paragraph 10 of Schedule 10 to, the Government of Wales Act 1998 (c.38); section 39(1) of, and Schedules 6 and 7 to, the Public Service Ombudsman (Wales) Act 2005 (c.10); and by S.I. 2004/1823. This Act is repealed in relation to Scotland by the Scottish Public Service Ombudsman Act 2002 (asp 11).