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The National Health Service (Personal Dental Services Agreements) Regulations 2005
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 3 Pt. 9 para. 61A(4)(b) words substituted by S.I. 2024/271 reg. 3(2)
PART 6E+WCOMPLAINTS
Complaints procedureE+W
F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 3 para. 47 omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(27) (with Sch. 2)
Making of complaintsE+W
F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 para. 48 omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(27) (with Sch. 2)
Period for making complaintsE+W
F349. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 3 para. 49 omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(27) (with Sch. 2)
Further requirements for complaints proceduresE+W
F450. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 3 para. 50 omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(27) (with Sch. 2)
Co-operation with investigationsE+W
51.—(1) The contractor F5... shall 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)[F6NHS England]; and
(ii)[F7the Health Service Commissioner]; 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 [F6NHS England], an NHS trust, an NHS foundation trust, F8... a Local Health Board, a Health Board, a Health and Social Services Board, a Health and Social Services Trust or, a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 M1;
“local authority” means—
(a)
any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 M2 (local authorities);
(b)
the Council of the Isles of Scilly; F9...
(c)
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M3 (constitution of councils); [F10or]
(d)
[F11a council of a county or county borough in Wales;]
[F12“Health Service Commissioner” means the person appointed Health Service Commissioner for England in accordance with section 1 of, and Schedule 1 to, the Health Service Commissioners Act 1993.]
(3) The co-operation required by sub-paragraph (1) includes—
(a)answering questions reasonably put to the contractor by [F6NHS England];
(b)providing any information relating to the complaint reasonably required by [F6NHS England]; 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 [F6NHS England].
Textual Amendments
F5Words in Sch. 3 para. 51(1) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(28)(a)(i) (with Sch. 2)
F6Words 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
F7Words in Sch. 3 para. 51(1)(a)(ii) substituted (1.4.2009) by The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (S.I. 2009/309), reg. 1(2), Sch. para. 6(3)(b)(i) (with Sch. para. 8)
F8Words in Sch. 3 para. 51(2) omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(28)(b)(ii) (with Sch. 2)
F9Word in Sch. 3 para. 51(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. 67(a)
F10Word in Sch. 3 para. 51(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. 67(b)
F11Words in Sch. 3 para. 51(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. 67(c)
F12Words in Sch. 3 para. 51(2) added (1.4.2009) by The Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 (S.I. 2009/309), reg. 1(2), Sch. para. 6(3)(b)(ii) (with Sch. para. 8)
Marginal Citations
M21970 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.
Provision of informationE+W
52. The contractor F13... shall inform [F6NHS England], at such intervals as [F6NHS England] requires, of the number of complaints it has received under the procedure established in accordance with this Part.
Textual Amendments
F6Words 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
F13Words in Sch. 3 para. 52 omitted (1.4.2013) by virtue of The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013 (S.I. 2013/364), regs. 1(1), 39(29)(a) (with Sch. 2)
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