The National Health Service (General Medical Services Contracts) Regulations 2015

[F1 Minor surgery]: permanent opt outs E+W

37.—(1) In this regulation—

• “A day” is the day specified by the contractor in the permanent opt out notice which the contractor gives to [F2 NHS England] for the commencement of the permanent opt out;

• “B day” is the day six months after the date on which the permanent opt out notice was given to [F2 NHS England]; and

• “C day” is the day nine months after the date on which the permanent opt out notice was given to [F2 NHS England].

(2) [F2 NHS England] must, as soon as is reasonably practicable and in any event before the end of the period of 28 days beginning with the date on which [F2 NHS England] receives a permanent opt out notice under regulation 35(5) (or temporary opt out notice which is treated as a permanent opt out notice under regulation 35(7))—

(a) approve the opt out notice; or

(b) reject the opt out notice in accordance with paragraph (4).

(3) [F2 NHS England] must give notice to the contractor of its decision under paragraph (2) as soon as possible, including the reasons for its decision where that decision is to reject the opt out notice.

(4) [F2 NHS England] may reject the opt out notice on the ground that the contractor is providing [F3 minor surgery] to patients other than its registered patients, or enhanced services.

(5) A contractor may not withdraw an opt out notice once that notice has been approved by [F2 NHS England] in accordance with paragraph (2)(a) without [F2 NHS England’s] agreement.

(6) If [F2 NHS England] approves the opt out notice under paragraph (2)(a), [F2 NHS England] must use reasonable endeavours to make arrangements for the contractor's patients to receive [F4 minor surgery] from an alternative provider from A day.

(7) The contractor's duty to provide [F5 minor surgery] terminates on A day unless [F2 NHS England] gives notice to the contractor under paragraph (8) (extending A day to B day or C day).

(8) If [F2 NHS England] is not successful in finding an alternative provider to take on the provision of [F6 minor surgery] from A day, then [F2 NHS England] must give notice in writing to the contractor of that fact no later than one month before A day, and in a case where A day is—

(a) three months after the date on which the opt out notice was given, the contractor must continue to provide [F6 minor surgery] until B day unless, at least one month before B day, the contractor is given notice in writing by [F2 NHS England] under paragraph (9) to the effect that, despite using reasonable endeavours, [F2 NHS England] has not been able to find an alternative provider to take on the provision of [F6 minor surgery] from B day;

(b) six months after the opt out notice was given, the contractor must continue to provide [F6 minor surgery] until C day.

(9) Where, in accordance with paragraph (8)(a), the permanent opt out is to commence on B day and [F2 NHS England] , despite using reasonable endeavours, has not been able to find an alternative provider to take on the provision of [F7 minor surgery] from that day, [F2 NHS England] must give notice in writing to the contractor of that fact at least one month before B day, in which case the contractor must continue to provide [F7 minor surgery] until C day.

(10) As soon as is practicable and, in any event, within seven days of [F2 NHS England] giving notice to the contractor under paragraph (9), [F2 NHS England] must enter into discussions with the contractor concerning the support that [F2 NHS England] is able to give to the contractor or other changes which [F2 NHS England] or the contractor may make in relation to the provision of [F8 minor surgery] until C day.

(11) Nothing in the preceding paragraphs prevents the contractor and [F2 NHS England] from agreeing a different date for the termination of the contractor's duty under the contract to provide [F9 minor surgery] and, accordingly, varying the contract in accordance with regulation 29 and Part 8 of Schedule 3.

(12) The permanent opt out takes effect at 8.00am on the relevant day unless—

(a) the day is Saturday, Sunday, Good Friday, Christmas Day, or a bank holiday in which case the opt out is to take effect on the next working day at 8.00am; or

(b) [F2 NHS England] and the contractor agree a different day or time.

Textual Amendments

F1 Words in reg. 37 heading substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 23(2) (with reg. 3)

F2 Words 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

F3 Words in reg. 37(4) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 23(3) (with reg. 3)

F4 Words in reg. 37(6) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 23(4) (with reg. 3)

F5 Words in reg. 37(7) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 23(5) (with reg. 3)

F6 Words in reg. 37(8) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 23(6) (with reg. 3)

F7 Words in reg. 37(9) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 23(7) (with reg. 3)

F8 Words in reg. 37(10) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 23(8) (with reg. 3)

F9 Words in reg. 37(11) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 23(9) (with reg. 3)