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PART IIIE+W+S EXCEPTIONS

[F1Doctors in trainingE+W+S

25A.[F2(1) Paragraph (1) of regulation 4 is modified in its application to workers to whom this paragraph applies by substituting for the reference to 48 hours a reference to 52 hours—

(a)in the case of doctors in training who are employed in an employment falling within Table 1 of Schedule 2A, with effect from 1st August 2009 until 31st July 2011; and

(b)in the case of doctors in training who are employed in an employment falling within Table 2 of Schedule 2A, with effect from 2nd November 2009 until 31st July 2011.]

[F3(1A) Paragraph (1) applies to workers who are doctors in training who are employed—

(a)by an employer who is listed in column 1 of [F4Table 1 or Table 2] contained in Schedule 2A,

(b)at a place listed in column 2 of [F5the applicable table] in respect of that employer,

(c)to provide at that place one of the specialist services listed in column 3 of [F6the applicable table] in respect of that place, and

(d)in one of the grades listed in column 4 of [F7the applicable table] in respect of that specialist service and, where applicable, working as part of a rota referred to in that column in respect of that grade, or those grades.]

(2) In the case of workers who are doctors in training, paragraphs (3)–(5) of regulation 4 shall not apply and paragraphs (3) and (4) of this regulation shall apply in their place.

(3) Subject to paragraph (4), the reference period which applies in the case of a worker who is a doctor in training is, with effect from 1st August 2004—

(a)where a relevant agreement provides for the application of this regulation in relation to successive periods of 26 weeks, each such period; and

(b)in any other case, any period of 26 weeks in the course of his employment.

(4) Where a doctor in training has worked for his employer for less than 26 weeks, the reference period applicable in his case is the period that has elapsed since he started work for his employer.]