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The National Health Service (General Medical Services Contracts) Regulations 2015, Section 35 is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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35.—(1) Where a contractor wants to permanently or temporarily opt out of the provision of [F2minor surgery], the contractor must give to [F3NHS England] in writing a preliminary opt out notice which must state the reasons for the contractor wanting to opt out.
(2) [F3NHS England] must enter into discussions with the contractor concerning—
(a)the support which [F3NHS England] is able to give to the contractor; or
(b)other changes which [F3NHS England] or the contractor may make,
that would enable the contractor to continue to provide [F4minor surgery].
(3) [F3NHS England] and the contractor must use reasonable endeavours in order to achieve the aim specified in paragraph (2).
(4) The discussions referred to in paragraph (2) must be—
(a)entered into as soon as is reasonably practicable but before the end of the period of seven days beginning with the date on which the preliminary opt out notice was received by [F3NHS England]; and
(b)completed before the end of the period of ten days beginning with the date on which the preliminary opt out notice was received by [F3NHS England] or as soon as reasonably practicable thereafter.
(5) If, following the discussions referred to in paragraph (2), the contractor still wants to opt out of the provision of [F5minor surgery], the contractor must send an opt out notice to [F3NHS England].
(6) An opt out notice must specify—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)whether F7... the contractor wants to—
(i)permanently opt out, or
(ii)temporarily opt out;
(c)the reasons for the contractor wanting to opt out;
(d)the date from which the contractor would like the opt out to commence, which must—
(i)in the case of a temporary opt out, be at least 14 days after the date of the service of the opt out notice, and
(ii)in the case of a permanent opt out, be the day either three or six months after the date of service of the opt out notice; and
(e)in the case of a temporary opt out, the desired duration of the opt out.
(7) Where, before the end of the period of three years ending with the date on which the opt out notice was given to [F3NHS England], a contractor has given two previous temporary opt out notices (whether or not [F8they also concerned minor surgery]), the latest opt out notice is to be treated as a permanent opt out notice (even if the opt out notice states that the contractor wishes to temporarily opt out).
Textual Amendments
F1Words in reg. 35 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. 21(2) (with reg. 3)
F2Words in reg. 35(1) 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. 21(3) (with reg. 3)
F3Words 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
F4Words in reg. 35(2) 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. 21(4) (with reg. 3)
F5Words in reg. 35(5) 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. 21(4) (with reg. 3)
F6Reg. 35(6)(a) omitted (1.10.2021) by virtue of 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. 21(5)(a) (with reg. 3)
F7Words in reg. 35(6)(b) omitted (1.10.2021) by virtue of 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. 21(5)(b) (with reg. 3)
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