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The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

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Responsibility for complaints arrangements

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22.—(1) Each responsible body must designate—

(a)a person, in this Part referred to as a responsible person, to be responsible for ensuring compliance with the arrangements made under these Regulations, and in particular ensuring that action is taken if necessary in the light of the outcome of a complaint; and

(b)a person, in this Part referred to as a complaints manager, to be responsible for managing the procedures for handling and considering complaints in accordance with the arrangements made under these Regulations.

(2) The functions of the responsible person may be performed by any person authorised by the responsible body to act on behalf of the responsible person.

(3) The functions of the complaints manager may be performed by any person authorised by the responsible body to act on behalf of the complaints manager.

(4) The responsible person is to be—

(a)in the case of a responsible body which is a local authority, the person who acts as the chief executive or other person designated as the authority’s head of paid service pursuant to section 4 of the Local Government and Housing Act 1989(1);

(b)in the case of a responsible body which is a service provider, the person who is the chief executive of the provider or, if none—

(i)the person who is the sole proprietor of the service provider;

(ii)where the service provider is a partnership, a partner; or

(iii)in any other case, a director of the service provider or a person who is responsible for managing the service provider.

(5) The complaints manager may be—

(a)a person who is not an employee of the responsible body;

(b)the same person as the responsible person;

(c)a complaints manager designated by another responsible body under paragraph (1)(b).

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