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The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

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Period for making complaints

50.—(1) Subject to sub-paragraph (2), the period for making a complaint is–

(a)6 months from the date on which the matter which is the subject of the complaint occurred; or

(b)6 months from the date on which the matter which is the subject of the complaint comes to the complainant’s notice provided that the complaint is made no later than 12 months after the date on which the matter which is the subject of the complaint occurred.

(2) Where a complaint is not made during the period specified in sub-paragraph (1), it shall be referred to the person nominated under paragraph 51(2)(a) and if the person is of the opinion that–

(a)having regard to all the circumstances of the case, it would have been unreasonable for the complainant to make the complaint within that period; and

(b)notwithstanding the time that has elapsed since the date on which the matter which is the subject matter of the complaint occurred, it is still possible to investigate the complaint properly,

the complaint shall be treated as if it had been received during the period specified in sub paragraph (1).

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