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PART 3DEALING WITH COMPLAINTS

Requirement to deal with complaints

7.—(1) In dealing with a complaint specified in regulation 7(2), the responsible body must as soon as reasonably practicable notify the complainant in writing—

(a)that such a complaint will not be investigated under the arrangements; and

(b)of the procedures for raising such a complaint.

(2) The following complaints are specified—

(a)a complaint raised by a relevant NHS body about the exercise of another relevant NHS body’s functions;

(b)a complaint raised by a service provider about any matter connected with the contract or arrangements under which that service provider provides health services;

(c)a complaint raised by an employee of a responsible body about any matter relating to that employee’s contract of employment;

(d)a complaint which is being or has been investigated by the Scottish Public Services Ombudsman;

(e)a complaint arising out of an alleged failure to comply with a request for information under the Freedom of Information (Scotland) Act 2002(1);

(f)a complaint about which the complainant has stated in writing that the complainant intends to take legal proceedings;

(g)a complaint about which a responsible body is taking or proposing to take disciplinary proceedings against the person who is the subject of the complaint; and

(h)a complaint, the subject matter of which has previously been investigated under—

(i)the arrangements;

(ii)the 2005 Directions, in relation to a complaint raised under those Directions prior to 1st April 2012; or

(iii)a relevant complaints procedure, in relation to a complaint raised under such a procedure prior to 1st April 2012.

(3) Where a complaint specified in paragraph (2) is connected with another complaint which is not so specified, the other complaint is to be dealt with in accordance with regulation 6(1).