11A.—(1) Except in the case of a contractor to which sub-paragraph (2) or (3) applies, a contractor must require the use in its practice F2... of the system for electronic referrals known as the NHS e-Referral Service (“e-RS”) in respect of each referral of any of its registered patients to a first consultant-led out-patient appointment for medical services under the Act in respect of which the facility to use e-RS is available.
(2) This sub-paragraph applies to a contractor which does not yet have e-RS in place for use in the contractor’s practice F2....
(3) This sub-paragraph applies to a contractor which—
(a)is experiencing technical or other practical difficulties which are preventing the use, or effective use, of e-RS in its practice F2...; and
(b)has notified the Board that this is the case.
(4) A contractor to which sub-paragraph (2) applies must require the use in its practice F2... of alternative means of referring its registered patients to a first consultant-led out-patient appointment for medical services under the Act until such time as the contractor has e-RS in place for use in its practice F2....
(5) A contractor to which sub-paragraph (3) applies—
(a)must ensure that a plan is agreed between the contractor’s practice and the Board for resolving the technical or other practical difficulties which are preventing the use, or effective use, of e-RS in the contractor’s practice F2...; and
(b)must require the use in its practice F2... of alternative means of referring its registered patients to a first consultant-led out-patient appointment for medical services under the Act until such time as those technical or other practical difficulties have been resolved to the satisfaction of the Board.]
Textual Amendments
F1Sch. 3 para. 11A inserted (1.10.2018) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2018 (S.I. 2018/844), regs. 1(2), 7