General Medical Services Regulations (Northern Ireland) 1997

Transfer of responsibility, absences, deputies, assistants and partners

20.—(1) In this paragraph and in paragraph 21—

(a) “out of hours period” means—

(i) the period beginning at 7 pm on a weekday other than a Saturday and ending at 8 am on the following day;

(ii) the period between 1 pm on a Saturday and 8 am on the following Monday; and

(iii) Bank and Public holidays,

and “part of an out of hours period” means any part of any one or more of the periods described in sub-heads (i) to (iii);

(b) “out of hours arrangement” means an arrangement under sub-paragraph (2); and

(c) “transferee doctor” means a doctor who has undertaken to carry out the obligations of another doctor under these terms of service during part or all of the out of hours period in accordance with an out of hours arrangement.

(2) Subject to sub-paragraphs (3) to (15), a doctor may, with the approval of the Board, make an arrangement with a doctor whose name is included in the medical list to transfer his obligations under the terms of service during part or all of the out of hours period to that other doctor.

(3) A doctor may make more than one out of hours arrangement; and may do so (for example) with different transferee doctors and in respect of different patients, different times and different parts of his practice area.

(4) A doctor may retain responsibility for or make separate out of hours arrangements in respect of the provision of maternity medical services to patients with whom he has made an arrangement under regulation 34.

(5) Nothing in this paragraph shall prevent a doctor from retaining or resuming his obligations in relation to named patients.

(6) Where a doctor’s name is included in the obstetric list, he shall not make an out of hours arrangement in respect of the provision of maternity medical services to patients with whom he has made an arrangement under regulation 34 unless the transferee doctor’s name is also included in the obstetric list.

(7) An application to the Board for approval shall be made in writing and shall state—

(a) the name and address of the proposed transferee doctor, and the number of patients on his list;

(b) the periods during which the doctor’s obligations under these terms of service are to be transferred;

(c) how the proposed transferee doctor intends to meet the doctor’s obligations during the periods specified under head (b);

(d) the arrangements for the transfer of the doctor’s obligations under these terms of service to and from the transferee doctor at the beginning and end of the periods specified under head (b);

(e) whether the proposed arrangement includes the doctor’s obligations in respect of maternity medical services;

(f) how long the proposed arrangements are intended to last and the circumstances in which the doctor’s obligations under these terms of service during the periods specified under head (b) would revert to him;

(g) what arrangements are proposed to enable the doctor’s patients to contact the proposed transferee doctor; and

(h) whether the proposed transferee doctor—

(i) has been notified under regulation 7(4) of the Tribunal Regulations (Northern Ireland) 1995(1) that the Tribunal intends to hold an inquiry under paragraph 1 of Schedule 11 to the Order as to representations made in relation to him; or

(ii) has been notified under section 42(5) of the Medical Act 1983(2) that the Preliminary Proceedings Committee of the General Medical Council has decided that he should be referred to the Professional Conduct Committee or to the Health Committee.

(8) A Board shall determine the application before the end of the period of 28 days beginning with and including the day on which the Board received it.

(9) A Board shall grant approval to a proposed out of hours arrangement if it is satisfied—

(a) having regard in particular to the interests of the doctor’s patients, that the arrangement is reasonable;

(b) having regard in particular to all reasonably foreseeable circumstances, that the arrangement is practicable and will work satisfactorily;

(c) that it will be clear to the doctor’s patients how to seek personal medical services during the out of hours period; and

(d) that if the arrangement comes to an end, the doctor has in place proper arrangements for the immediate resumption of his responsibilities,

and shall not refuse to grant approval without first consulting the Local Medical Committee.

(10) The Board shall give notice to the doctor of its determination and, where it refuses an application, it shall send the doctor a statement in writing of the reasons for its determination and of the doctor’s right of appeal under sub-paragraph (11).

(11) A doctor may, within the period of 30 days beginning with and including the day on which the Board’s notification under sub-paragraph (10) was received by him, appeal in writing to the Department against any refusal of an application made under sub-paragraph (7).

(12) The Department may, when determining an appeal, either confirm the determination of the Board or substitute its own determination for that of the Board.

(13) The Department shall give notice to the doctor of its determination and shall in every case include with the notification a written statement of the reasons for the determination.

(14) Where the Board (or, on appeal, the Department) has approved an out of hours arrangement—

(a) the transferee doctor may himself employ or engage an assistant or deputy in respect of part or all of the period covered by the out of hours arrangement; and if he does so, paragraph 23 shall apply as if he were the doctor for the purposes of that paragraph; and

(b) a transferee doctor shall not enter into any other out of hours arrangement in respect of the patients for whom he has accepted responsibility under this paragraph.

(1)

S.R. 1995 No. 493

(2)

1983 c. 54