The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018

PART 6 COMPLAINTS

Complaints procedure

54.  The provider must have arrangements in place which operate in accordance with section 15 of the Patient Rights (Scotland) Act 2011(1), and any regulations or directions made under that Act.

Co-operation with investigations

55.—(1) The provider must co-operate with—

(a) any investigation of a complaint in relation to any matter reasonably connected with the provision of services under the agreement undertaken by—

(i) the Health Board; and

(ii) the Scottish Public Services Ombudsman; and

(b) any investigation of a complaint by an NHS body or local authority which relates to a patient or former patient of the provider.

(2) In sub-paragraph (1)—

“NHS body” means in Scotland a Health Board or Special Health Board or the Agency, in England and Wales, clinical commissioning group, a NHS trust, a NHS foundation trust, the National Health Service Commissioning Board(2), a Local Health Board and in Northern Ireland, Health and Social Care trust or Regional Health and Social Care Board; and

“local authority” means—

(a)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils)(3);

(b)

any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 (local authorities)(4);

(c)

the Council of the Isles of Scilly; or

(d)

a council of county or county borough in Wales.

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

(a) answering questions reasonably put to the provider by the NHS body, local authority or Scottish Public Services Ombudsman;

(b) providing any information relating to the complaint reasonably required by the NHS body, local authority or Scottish Public Services Ombudsman; 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 provider’s presence at the meeting is reasonably required by the NHS body, local authority or Scottish Public Services Ombudsman.

(1)

2011 asp 5.

(2)

Established under section 1H of the National Health Service Act 2006 (c.41). Section 1H was inserted by section 9(1) of the Health and Social Care Act 2012 (c.7), and was amended by S.I. 2012/1831.

(3)

1994 c.39.

(4)

1970 c.42. Section 1 was amended by section 195 of the Local Government Act 1972 (c.70), and by paragraph 7 of schedule 10 of the Local Government (Wales) Act 1994 (c.19).