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

Co-operation with investigations

52.—(1) The provider 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) 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, in England and Wales, a Primary Care trust, a NHS trust, a NHS foundation trust, a Strategic Health Authority, a Local Health Board and in Northern Ireland, a Health and Social Services Board or a Health and Social Services trust; and

“local authority” means–

(a)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils)(1);

(b)

any of the bodies listed in section 1 of the Local Authority Social Services Act 1970 (local authorities)(2); or

(c)

the Council of the Isles of Scilly.

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

(a) answering questions reasonably put to the provider by the Health Board;

(b) providing any information relating to the complaint reasonably required by the Health Board; 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 Health Board.

(1)

1994 c.39.

(2)

1970 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.