23.—(1) Where, under the terms of the default contract which are equivalent to Schedule 6 to the 2004 Regulations, a Board has approved an out of hours arrangement made by a default contractor with a person who holds a general medical services contract, the Board with whom that person holds his general medical services contract and that general medical services contractor shall be deemed to have agreed a variation of their contract which has the effect of including in it, from the date on which the out of hours arrangement commences, and for so long as that arrangement is not terminated, the services covered by that arrangement.
(2) The term of the general medical services contract which gives effect to paragraph 96(1) of Schedule 5 to the 2004 Regulations shall not apply to a variation made under paragraph (1).
(3) In this Article, “out of hours arrangement” means an arrangement made under the term of the default contract which is equivalent to paragraph 1(2) of Schedule 6 to the 2004 Regulations.