SCHEDULE 1 WORKFORCE AGREEMENTS
1
An agreement is a workforce agreement for the purposes of these Regulations if the following conditions are satisfied—
a
the agreement is in writing;
b
it has effect for a specified period not exceeding five years;
c
it applies either—
i
to all of the relevant members of the workforce, or
ii
to all of the relevant members of the workforce who belong to a particular group;
d
the agreement is signed—
i
in the case of an agreement of the kind referred to in sub-paragraph (c)(i), by the representatives of the workforce, and in the case of an agreement of the kind referred to in sub-paragraph (c)(ii) by the representatives of the group to which the agreement applies (excluding, in either case, any representative not a relevant member of the workforce on the date on which the agreement was first made available for signature), or
ii
if the employer employed 20 or fewer workers on the date referred to in sub-paragraph (d)(i), either by the appropriate representatives in accordance with that sub-paragraph or by the majority of the workers employed by him;
e
before the agreement was made available for signature, the employer provided all the workers to whom it was intended to apply on the date on which it came into effect with copies of the text of the agreement and such guidance as those workers might reasonably require in order to understand it fully.
2
For the purposes of this Schedule—
“a particular group" is a group of the relevant members of a workforce who undertake a particular function, work at a particular workplace or belong to a particular department or unit within their employer’s business;
“relevant members of the workforce" are all of the workers employed by a particular employer, excluding any worker whose terms and conditions of employment are provided for, wholly or in part, in a collective agreement;
“representatives of the workforce" are workers duly elected to represent the relevant members of the workforce, “representatives of the group" are workers duly elected to represent the members of a particular group, and representatives are “duly elected" if the election at which they were elected satisfied the requirements of paragraph 3 of this Schedule.
3
The requirements concerning elections referred to in paragraph 2 are that—
a
the number of representatives to be elected is determined by the employer;
b
the candidates for election as representatives of the workforce are relevant members of the workforce, and the candidates for election as representatives of a group are members of the group;
c
no worker who is eligible to be a candidate is unreasonably excluded from standing for election;
d
all the relevant members of the workforce are entitled to vote for representatives of the workforce, and all the members of a particular group are entitled to vote for representatives of the group;
e
the workers entitled to vote may vote for as many candidates as there are representatives to be elected;
f
the election is conducted so as to secure that—
i
so far as is reasonably practicable, those voting do so in secret, and
ii
the votes given at the election are fairly and accurately counted.
SCHEDULE 2 WORKERS EMPLOYED IN AGRICULTURE F5in Wales or Scotland
1
Except where, in the case of a worker partly employed in agriculture F6in Wales or Scotland, different provision is made by a relevant agreement—
a
b
the dates on which leave is taken by a worker employed in agriculture F6in Wales or Scotland shall be determined in accordance with an agricultural wages order which applies to him.
2
Where, in the case referred to in paragraph 1 above, a relevant agreement makes provision different from sub-paragraph (a) or (b) of that paragraph—
a
b
an employer giving effect to that provision shall not thereby be taken to have failed to comply with the requirements of an agricultural wages order.
3
In this Schedule, “an agricultural wages order" means an order under section 3 of the Agricultural Wages Act 1948 F15, section 3 of the Agricultural Sector (Wales) Act 2014 or section 3 of the Agricultural Wages (Scotland) Act 1949.
F2SCHEDULE 2ADoctors in training
Sch. 2A inserted (1.8.2009) by The Working Time (Amendment) Regulations 2009 (S.I. 2009/1567), regs. 1, 3
Sch. 2A Table 1 heading inserted (2.11.2009) by The Working Time (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2766), regs. 1, 3(a)
Sch. 2A Table 2 added (2.11.2009) by The Working Time (Amendment) (No. 2) Regulations 2009 (S.I. 2009/2766), regs. 1, 3(b)
F3TABLE 1
Column 1 Employer | Column 2 Place | Column 3 Specialist Services | Column 4 Grade and, where applicable, Rota |
|---|---|---|---|
England | |||
East Midlands Strategic Health Authority area | |||
Derby Hospitals NHS Foundation Trust | Derby City General Hospital | Acute Medicine – Medical Assessment Unit | F2, CT1 and CT2 |
Anaesthetics | F2, ST3 to ST7 | ||
Anaesthetics – Obstetrics | CT2, ST3 to ST7 | ||
Anaesthetics – Intensive Care | CT1, CT2, ST3 to ST7 | ||
Anaesthetics – Theatres | ST3 to ST7 | ||
Clinical Oncology/ Haematology/ Palliative Medicine | F2, CT1 and CT2 | ||
General Medicine | F2, CT1, CT2, ST3 to ST7 | ||
General Surgery | ST3 to ST8 | ||
General Surgery/ ENT/ Urology | F2, CT1 and CT2 | ||
Obstetrics and Gynaecology | ST3 to ST7 | ||
Paediatrics | ST3 to ST8 | ||
Urology | CT2, ST3 to ST7 | ||
Nottingham University Hospitals National Health Service Trust | Nottingham City Hospital | Neonatology | ST4 to ST8 |
Queens Medical Centre, Nottingham | General Surgery and Vascular Surgery | ST4 to ST8 | |
Neonatology | ST4 to ST8 | ||
Sherwood Forest Hospitals NHS Foundation Trust | Kings Mill Hospital | Anaesthetics | F2, CT1, CT2, ST3 to ST7 |
Obstetrics and Gynaecology | F2, ST1 to ST7 | ||
Paediatrics | F2, ST1 to ST8 | ||
United Lincolnshire Hospitals National Health Service Trust | Grantham and District Hospital | General Medicine | F2, CT1 and CT2 |
Lincoln County Hospital | Anaesthetics | F2, CT1 and CT2 | |
General Medicine | ST3 to ST7 | ||
Pilgrim Hospital | General Medicine | ST3 to ST7 | |
University Hospitals of Leicester National Health Service Trust | Leicester Royal Infirmary | Emergency Medicine | ST3 to ST7 |
Paediatrics | F2, ST1 to ST8 | ||
Leicester Royal Infirmary and Leicester General Hospital | Neonatology | ST4 to ST8 | |
East of England Strategic Health Authority area | |||
Bedford Hospital National Health Service Trust | Bedford Hospital | Cardiology | ST3 to ST7 |
Care of the Elderly | ST3 to ST7 | ||
Endocrinology and Diabetes | ST3 to ST7 | ||
Respiratory | ST3 to ST7 | ||
Cambridge University Hospitals NHS Foundation Trust | Addenbrookes Hospital | Adult Intensive Care | F2, CT1, CT2 and ST3 |
Transplantation | ST3 to ST8 | ||
Cambridgeshire Primary Care Trust | Hinchingbrooke Hospital | Paediatrics | ST3 to ST8 |
Hinchingbrooke Health Care National Health Service Trust | Hinchingbrooke Hospital | General Surgery | ST3 to ST7 |
Ipswich Hospital National Health Service Trust | The Ipswich Hospital | Paediatrics | ST3 to ST8 |
James Paget University Hospitals NHS Foundation Trust | James Paget University Hospital | Anaesthetics (Obstetrics, Pain, ITU and Theatres) | CT1, CT2, ST3 to ST8 |
Obstetrics and Gynaecology | ST3 to ST8 | ||
Paediatrics | ST3 to ST8 – on call | ||
Norfolk and Norwich University Hospitals NHS Foundation Trust | Norfolk and Norwich University Hospital | Anaesthetics | CT1, CT2 and ST3 |
Emergency Medicine | ST3 to ST8 – Tier 2 (full shift rota – 24 hour service) | ||
Trauma and Orthopaedics | CST1 and CST2 – Tier 2 (full shift) | ||
Papworth Hospital NHS Foundation Trust | Papworth Hospital | Acute Specialties (Chest Medicine) | F2, CT1, CT2, ST3 to ST8 |
Cardiothoracic Surgery | F2, CT1 and CT2 | ||
Cardiothoracic Transplant Surgery | ST3 to ST8 | ||
Peterborough and Stamford Hospitals NHS Foundation Trust | Peterborough District Hospital and Edith Cavell Hospital | Urology | ST3 to ST7 |
West Hertfordshire Hospitals National Health Service Trust | Hemel Hempstead Hospital | Obstetrics and Gynaecology | ST3 to ST7 |
St Albans City Hospital | Obstetrics and Gynaecology | ST3 to ST7 | |
Watford General Hospital | Obstetrics and Gynaecology | ST3 to ST7 | |
London Strategic Health Authority area | |||
Barking, Havering and Redbridge University Hospitals National Health Service Trust | Queen’s Hospital | Ear Nose and Throat | F2, CT1 and CT2 |
Maxillo Facial | F2, CT1 and CT2 | ||
Neurosciences (Neurology and Neurosurgery) | F2, ST1 and ST2 | ||
Great Ormond Street Hospital for Children National Health Service Trust | Great Ormond Street Hospital for Children | Cardiothoracic Surgery | ST4 to ST6 |
Hillingdon Hospital National Health Service Trust | Hillingdon Hospital | General Surgery (elective and non-elective) including Colorectal, Breast and Vascular | F2, CT1, CT2 and ST3 |
Imperial College Healthcare National Health Service Trust | Charing Cross Hospital | Neurosurgery | ST3 to ST7 |
Hammersmith Hospital | Cardiothoracic Surgery | ST3 to ST7 | |
St Mary’s Hospital | Cardiothoracic Surgery | F2, CT1, CT2, ST3 to ST7 | |
Kingston Hospital National Health Service Trust | Kingston Hospital | Anaesthesia and Intensive Care, ACCS | CT1, CT2, ST3 to ST7 |
Whittington Hospital National Health Service Trust | Whittington Hospital | Anaesthetics/ ITU | ST3 to ST7 |
Obstetrics and Gynaecology | ST3 to ST7 | ||
Paediatrics | ST4 to ST8 | ||
Paediatrics – Neonates | ST1 to ST3 | ||
North East Strategic Health Authority area | |||
The Newcastle Upon Tyne Hospitals NHS Foundation Trust | Newcastle General Hospital | Anaesthetics | ST3 to ST7 – 1st on call |
ST3 to ST7 – 2nd on call | |||
Critical Care (ITU) | ST3 to ST6 | ||
Paediatrics | F2, ST1 to ST3 – 1st on call | ||
ST4 to ST8 – 2nd on call | |||
Paediatrics Intensive Care | ST4 to ST8 | ||
North West Strategic Health Authority area | |||
Alder Hey Children’s NHS Foundation Trust | Alder Hey Children’s Hospital | Paediatric Cardiothoracic Surgery | ST3 to ST8, SpR |
East Lancashire Hospitals National Health Service Trust | Royal Blackburn Hospital | Otorhinolaryngology (ENT) | F2, ST1, ST2, CT1 and CT2 – 1st on call |
Royal Blackburn Hospital and Burnley General Hospital, Blackburn and Burnley Urgent Care Centres | Emergency Medicine | ST3 to ST7, SpR | |
Royal Blackburn Hospital and Burnley General Hospital | Trauma and Orthopaedics | F2, ST1 and ST2 – 1st on call | |
Lancashire Teaching Hospitals NHS Foundation Trust | Royal Preston Hospital | Neurosurgery | F2, CT1 and CT2 – 1st on call |
ST3 to ST7, SpR – 2nd on call | |||
North Cumbria University Hospitals National Health Service Trust | Cumberland Infirmary | ENT/ Trauma and Orthopaedics/ OMFS | F2, ST1, ST2, CT1 and CT2 |
General Medicine and medical specialties | F1 – Acute 1st on call | ||
F2, CT1 and CT2 – Acute 2nd on call | |||
ST3 to ST7, SpR – Acute 3rd on call | |||
General Surgery | F1 – 1st on call | ||
F2, CT1 and CT2 - 2nd on call | |||
ST3 to ST7, SpR - 3rd on call | |||
Obstetrics and Gynaecology | F2, ST1 and ST2 – 1st on call | ||
Trauma and Orthopaedics | ST3 to ST7, SpR – 2nd on call |
West Cumberland Hospital | General Medicine and medical specialties | F1 – Acute 1st on call | |
F2, CT1, CT2, ST3 to ST7, SpR – Acute 2nd on call | |||
General Surgery | F1 – 1st on call | ||
F2, CT1 and CT2 – 2nd on call | |||
Obstetrics and Gynaecology | ST3 to ST7, SpR – 2nd on call | ||
Paediatrics | F2, ST1 and ST2 – 1st on call | ||
Trauma and Orthopaedics | ST3 to ST7, SpR – 2nd on call | ||
Royal Liverpool and Broadgreen University Hospitals National Health Service Trust | Royal Liverpool University Hospital | Renal Transplant Surgery | ST3 to ST7, SpR |
Trafford Healthcare National Health Service Trust | Trafford General Hospital | Anaesthesia | F2, CT1 and CT2 – 1st on call |
University Hospitals of Morecambe Bay National Health Service Trust | Furness General Hospital | Paediatrics | F2, ST1 and ST2 |
Walton Centre for Neurology and Neurosurgery National Health Service Trust | Walton Centre for Neurology and Neurosurgery | Neurosciences | F2, CT1 and CT2 |
Neurosurgery | ST3 to ST7, SpR | ||
South Central Strategic Health Authority area | |||
Buckinghamshire Hospitals National Health Service Trust | Wycombe Hospital and Stoke Mandeville Hospital | Obstetrics and Gynaecology | F2, ST1 to ST7, FTSTA1 and FTSTA2 |
Paediatrics | ST3 to ST8 | ||
Milton Keynes Hospital NHS Foundation Trust | Milton Keynes General Hospital | Anaesthetics | ST3 to ST7 |
Anaesthetics – ITU | FT2, CT1 and CT2 | ||
Anaesthetics – Theatres | CT2, ST3 to ST7 | ||
Emergency Medicine | ST3 to ST7 | ||
General Medicine | ST3 to ST7 | ||
Paediatrics | F2, ST1 to ST8 | ||
Surgery | CT1, CT2, ST3 to ST7 | ||
Trauma and Orthopaedics | F2, CT1, CT2, ST3 to ST8 | ||
Portsmouth Hospitals National Health Service Trust | Queen Alexandra Hospital | General Paediatrics | ST3 to ST8 |
Obstetrics and Gynaecology | ST3 to ST7 | ||
Southampton University Hospitals National Health Service Trust | Princess Anne Hospital | Obstetrics and Gynaecology | ST3 to ST7 |
Southampton General Hospital | Anaesthetics – Critical Care | F2, CT1, CT2, ST3 to ST7 | |
South East Coast Strategic Health Authority area | |||
Brighton and Sussex University Hospitals National Health Service Trust | Royal Sussex County Hospital | Anaesthetics | CT1, CT2, ST3 to ST7 |
Princess Royal Hospital | Anaesthetics | CT1, CT2, ST3 to ST7 | |
East Sussex Hospitals National Health Service Trust | Conquest Hospital and Eastbourne District General Hospital | Emergency Medicine | ST4 to ST7 |
Paediatrics | ST4 to ST8 | ||
Frimley Park Hospital NHS Foundation Trust | Frimley Park Hospital | Anaesthetics and Intensive Care (obstetric anaesthesia and critical care medicine) | ST3 to ST7 |
Clinical Haematology | ST3 to ST7 | ||
Maidstone and Tunbridge Wells National Health Service Trust | Kent and Sussex Hospital | ENT | F2, CT1 and CT2 |
Pembury Hospital | Obstetrics and Gynaecology | ST4 to ST7 | |
Royal Surrey County Hospital National Health Service Trust | Royal Surrey County Hospital | Haematology | ST3 to ST7 |
Trauma and Orthopaedics | ST3 to ST8 | ||
Urology | ST3 to ST7 | ||
Surrey and Sussex Healthcare National Health Service Trust | East Surrey Hospital | Anaesthetics and Intensive Care (obstetric anaesthesia and critical care medicine) | CT1, CT2, ST3 to ST7 |
Western Sussex Hospitals National Health Service Trust | St Richard’s Hospital | General Medicine | F2, CT1 and CT2 |
Obstetrics and Gynaecology | ST3 to ST7 | ||
Paediatrics | ST4 to ST8 | ||
Surgery | F1, F2, CT1, CT2, ST3 to ST7 | ||
Trauma and Orthopaedics | F1, F2, CT1, CT2, ST3 to ST7 | ||
Urology | ST3 to ST7 | ||
South West Strategic Health Authority area | |||
Gloucestershire Hospitals NHS Foundation Trust | Gloucestershire Royal Hospital and Cheltenham General Hospital | Anaesthetics and Critical Care Services | F2, CT1, CT2, ST3 to ST7 |
North Bristol National Health Service Trust | Frenchay Hospital | Anaesthetics | CT1, CT2, ST3 to ST7 – 1st on call |
CT1, CT2, ST3 to ST7 – 2nd on call | |||
Trauma and Orthopaedics | CT1 and CT2 – 1st on call | ||
Southmead Hospital | Anaesthetics | CT1, CT2, ST3 to ST7 – 1st on call | |
CT1, CT2, ST3 to ST7 – 2nd on call | |||
Trauma and Orthopaedics | CT1 and CT2 – 1st on call | ||
Poole Hospital NHS Foundation Trust | Poole Hospital | Anaesthetics: Theatre | CT1 and CT2 (16 hour full shift) |
Anaesthetics: Critical Care | ST3 to ST5 (24 hour full shift) | ||
Anaesthetics | ST3 to ST5 (full shift 24 hours cover for theatres, back up for Obstetrics and Critical Care) | ||
Emergency Medicine | ST3 to ST7 | ||
Obstetrics | ST2 to ST4 (24 hour full shift) | ||
Paediatrics | ST3 to ST8 | ||
Trauma and Orthopaedics | CT1 and CT2 | ||
University Hospitals Bristol NHS Foundation Trust | Bristol Heart Institute | Cardiothoracic Surgery Services | ST3 to ST7 |
Bristol Royal Infirmary | Cardiothoracic Surgery Services | CT1 and CT2 | |
West Midlands Strategic Health Authority area | |||
Birmingham Children’s Hospital NHS Foundation Trust | Birmingham Children’s Hospital | General Paediatrics | ST4 to ST8 |
Paediatric Endocrinology | ST4 to ST8 | ||
Paediatric Gastroenterology | ST4 to ST8 | ||
Paediatric Haematology/ Oncology | ST4 to ST8 | ||
Paediatric Hepatology | ST4 to ST8 | ||
Paediatric Inherited Metabolic Diseases | ST4 to ST8 | ||
Paediatric Nephrology | ST4 to ST8 | ||
Paediatric Neurology | ST4 to ST8 | ||
Paediatric Neurosurgery | ST4 to ST9 | ||
Paediatric Respiratory Medicine | ST4 to ST8 | ||
Paediatric Rheumatology | ST4 to ST8 | ||
Burton Hospitals NHS Foundation Trust | Queen’s Hospital | Critical Care Anaesthesia | ST3 to ST7 |
General Anaesthesia | F2, CT1 and CT2 | ||
Obstetrics Anaesthesia | ST3 to ST7 | ||
George Eliot Hospital National Health Service Trust | George Eliot Hospital | Paediatrics | ST4 to ST8 |
Heart of England NHS Foundation Trust | Birmingham Heartlands Hospital | General Medicine | ST3 to ST7 |
Trauma and Orthopaedics | ST3 to ST8 | ||
Solihull Hospital | Trauma and Orthopaedics | F2, CT1, CT2, ST1 to ST6 | |
Mid Staffordshire NHS Foundation Trust | Stafford Hospital and Cannock Chase Hospital | Acute Medical Specialties and Medical Specialties | CT1, CT2 and ST3 |
Shrewsbury and Telford Hospital National Health Service Trust | Royal Shrewsbury Hospital | General Surgery | ST3 to ST8 |
Trauma and Orthopaedics | F2, CT1, CT2, ST1 to ST3 | ||
The Princess Royal Hospital | General Surgery | ST3 to ST8 | |
Trauma and Orthopaedics | F2, CT1, CT2, ST1 to ST3 | ||
The Royal Wolverhampton Hospitals National Health Service Trust | New Cross Hospital | Paediatrics including Neonatal Services | ST4 to ST8 |
University Hospital of North Staffordshire National Health Service Trust | City General Hospital and Royal Infirmary | Acute Medicine | ST3 to ST7 |
Diabetes | ST3 to ST7 | ||
Elderly Care | ST3 to ST7 | ||
Gastroenterology | ST3 to ST7 | ||
General Medicine | ST3 to ST7 | ||
Infectious Diseases | ST3 to ST7 | ||
Respiratory | ST3 to ST7 | ||
University Hospital Birmingham NHS Foundation Trust | Queen Elizabeth Hospital | Anaesthetics and Critical Care – supporting Surgical Specialties and Obstetrics | CT1, CT2, ST3 to ST7 |
Cardiothoracic Surgery | ST3 to ST8 |
Yorkshire and the Humber Strategic Health Authority area | |||
Barnsley Hospital NHS Foundation Trust | Barnsley Hospital | Acute and Medical Specialties – Combined MAU | F2, CT1, CT2, ST3 to ST8 |
Paediatrics | ST1 to ST8 | ||
Sheffield Children’s NHS Foundation Trust | Sheffield Children’s Hospital | Paediatric Surgery | F1, CT1, CT2, ST3 to ST8, SpR |
The Rotherham NHS Foundation Trust | Rotherham General Hospital | Anaesthetics | CT1, CT2, ST3 to ST7 |
General Surgery/ Urology | CT1 and CT2 | ||
Oral Maxillo Facial Surgery | CT1 and CT2 | ||
Paediatrics | ST1 to ST8 | ||
Trauma and Orthopaedics | CT1, CT2, ST1 and ST2 | ||
Wales | |||
Abertawe Bro Morgannwg University National Health Service Trust, also known as Ymddiriedolaeth Brifysgol Gwasanaeth Iechyd Gwladol Abertawe Bro Morgannwg, and from 1st October 2009 Abertawe Bro Morgannwg University Local Health Board | Singleton Hospital | General Paediatrics | Senior |
Paediatrics – Neo Natal | Junior | ||
Morriston Hospital | General Paediatrics | Senior | |
Neuro Surgery | Junior and Senior | ||
Neath Port Talbot Hospital | General Medicine (incorporating Endocrinology, Respiratory, Gastroenterology, Cardiology and Care of the Elderly) | Junior | |
Princess of Wales Hospital | Paediatrics | Junior and Senior | |
Cardiff and Vale National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Caerdydd a’r Fro, and from 1st October 2009 Cardiff and Vale University Local Health Board | University Hospital of Wales | Paediatrics | Junior and Senior |
Paediatrics (neonatal intensive care unit) | Junior and Senior | ||
Cwm Taf National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Cwm Taf, and from 1st October 2009 Cwm Taf Local Health Board | Prince Charles Hospital | Anaesthetic | Junior and Senior |
Paediatrics | Junior and Senior | ||
Royal Glamorgan Hospital | Neo Natal | Junior | |
Paediatrics | Junior and Senior | ||
Gwent Healthcare National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gofal Iechyd Gwent, and from 1st October 2009 Aneurin Bevan Local Health Board | Nevill Hall Hospital | Combined Paediatric/ Neo Natal | Junior and Senior |
Royal Gwent Hospital | Neo Natal | Junior and Senior | |
Paediatrics | Senior |
Hywel Dda National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Hywel Dda, and from 1st October 2009 Hywel Dda Local Health Board | Withybush General Hospital | Paediatric | Junior |
West Wales General Hospital | Paediatric | Junior | |
North Wales National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gogledd Cymru, and from 1st October 2009 Betsi Cadwaladr University Local Health Board | Glan Clwyd Hospital | Obstetrics and Gynaecology | Junior and Senior |
Paediatrics | Junior and Senior | ||
Wrexham Maelor Hospital | Obstetrics and Gynaecology | Junior and Senior | |
Paediatrics | Junior and Senior | ||
North West Wales National Health Service Trust, also known as Ymddiriedolaeth Gwasanaeth Iechyd Gwladol Gogledd-orllewin Cymru, and from 1st October 2009 Betsi Cadwaladr University Local Health Board | Ysbyty Gwynedd | Anaesthetics | Junior and Senior |
Obstetrics and Gynaecology | Senior | ||
Paediatrics/ Neo Natal | Junior and Senior |
F4TABLE 2
Column 1 Employer | Column 2 Place | Column 3 Specialist Services | Column 4 Grade and, where applicable, Rota |
|---|---|---|---|
England | |||
East Midlands Strategic Health Authority area | |||
Chesterfield Royal Hospital NHS Foundation Trust | Chesterfield Royal Hospital | Emergency Medicine | F2, ST1 to ST7 |
Obstetrics and Gynaecology | F2, ST1 to ST7 | ||
Paediatrics | F2, ST1 to ST8 | ||
Derby Hospitals NHS Foundation Trust | Royal Derby Hospital | Oral Maxillo Facial Surgery | ST3 to ST7 |
Northampton General Hospital National Health Service Trust | Northampton General Hospital | Emergency Medicine | ST3 to ST7 |
Nottingham University Hospitals National Health Service Trust | Queens Medical Centre, Nottingham | Neurosurgery | ST4 to ST8 |
University Hospitals of Leicester National Health Service Trust | Glenfield Hospital | Paediatric (Cardiology and Cardiac Intensive Care) | ST3 to ST8 |
Leicester Royal Infirmary and Leicester General Hospital | Neonatology | ST1 to ST3 | |
East of England Strategic Health Authority area | |||
Cambridge University Hospitals NHS Foundation Trust | Addenbrookes Hospital | Anaesthetics | ST3 to ST7 and SpR |
Norfolk and Norwich University Hospitals NHS Foundation Trust | Norfolk and Norwich University Hospital | Obstetrics and Gynaecology | ST3 to ST9 and SpR– Tier 3 (partial shift rota (24 hour service)) |
Paediatric Neonatal | ST3 to ST8 and SpR – Tier 2 (full shift | ||
Peterborough and Stamford Hospitals NHS Foundation Trust | Peterborough District Hospital and Edith Cavell Hospital | General Surgery | CT1 and CT2 |
The Queen Elizabeth Hospital King’s Lynn National Health Service Trust | The Queen Elizabeth Hospital | Obstetrics and Gynaecology | ST3 |
London Strategic Health Authority area | |||
The Royal Free Hampstead National Health Service Trust | The Royal Free | Neurosurgery | ST3 to ST8 |
The Royal Marsden NHS Foundation Trust | The Royal Marsden | Otolaryngology and Plastic Surgery | ST3 to ST8 |
Urology and Gynaecology | ST3 to ST8 | ||
North East Strategic Health Authority area | |||
The Newcastle Upon Tyne Hospitals NHS Foundation Trust | Freeman Hospital | General Surgery – Hepatobiliary and Transplant | ST3 to ST7 and SpR |
Paediatric Cardiology | ST4 to ST8 and SpR – 2nd on call | ||
Newcastle General Hospital | Neurology | F2, CT1 and CT2 - 1st on call | |
ST3 to ST7 and SpR - 2nd on call | |||
Royal Victoria Infirmary | Paediatric Surgery | ST4 to ST8 and SpR - 2nd on call | |
Paediatrics | ST4 to ST8 and SpR | ||
North Tees and Hartlepool NHS Foundation Trust | University Hospital of Hartlepool and University Hospital of North Tees | Paediatrics | ST3 to ST7 and SpR |
North West Strategic Health Authority area | |||
Aintree University Hospitals NHS Foundation Trust | University Hospital Aintree | Anaesthetics - Critical Care | CT1, CT2 and ST3 to ST7 |
North Cumbria University Hospitals National Health Service Trust | Cumberland Infirmary | Emergency Medicine | F2, FTSTA1, FTSTA2 and ST1 to ST7 |
Paediatrics | ST1 and ST2 | ||
West Cumberland Hospital | Emergency Medicine | F2 and ST1 to ST3 | |
Royal Bolton Hospitals NHS Foundation Trust | Royal Bolton Hospital | Paediatrics | FTSTA3 and ST4 to ST8 |
Tameside Hospital NHS Foundation Trust | Tameside General Hospital | Trauma and Orthopaedics | F2, CT1, CT2, ST1 and ST2 |
Warrington and Halton Hospitals NHS Foundation Trust | Warrington Hospital | Trauma and Orthopaedics | F2, ST1 and ST2 |
South Central Strategic Health Authority area | |||
Buckinghamshire Hospitals National Health Service Trust | Stoke Mandeville Hospital and Wycombe Hospital | Anaesthetics | ST3 to ST5 |
Isle of Wight National Health Service Primary Care Trust | St. Mary’s Hospital | General Medicine | F2, CT1 and CT2 |
General Medicine | ST3 and ST4 | ||
Emergency Medicine | F2, ST1 and ST2 | ||
Obstetrics and Gynaecology | ST3 | ||
General Surgery | F1 | ||
General Surgery, Trauma and Orthopaedics, Obstetrics and Gynaecology | F2, ST1 and ST2 – Basic Surgical Training rota | ||
Oxford Radcliffe Hospitals National Health Service Trust | Horton General Hospital, Banbury | Obstetrics and Gynaecology | ST3 to ST5 |
Winchester and Eastleigh Healthcare National Health Service Trust | Royal Hampshire County Hospital | Surgery | ST3 to ST5 |
South East Coast Strategic Health Authority area | |||
Ashford and St. Peter’s Hospitals National Health Service Trust | St. Peter’s Hospital | Anaesthetics | CT2 and ST3 to ST7 |
Brighton and Sussex University Hospitals National Health Service Trust | Princess Royal Hospital | General Internal Medicine | ST3 to ST8 |
Royal Sussex County Hospital and Princess Royal Hospital | Emergency Medicine | ST3 to ST8 | |
Royal Sussex County Hospital | Obstetrics and Gynaecology | ST3 to ST8 | |
East Kent Hospitals University NHS Foundation Trust | Queen Elizabeth the Queen Mother Hospital | Anaesthetics – Intensive Care Unit and Theatres | CT1 and CT2 |
Paediatrics | ST3 to ST7 | ||
Frimley Park Hospital NHS Foundation Trust | Frimley Park Hospital | Anaesthetics – Intensive Care and Acute Care Common Stem | CT1 and CT2 |
Emergency Medicine | ST3 to ST6 | ||
Obstetrics and Gynaecology | ST1 to ST7 | ||
Paediatrics | ST4 to ST7 | ||
Royal Surrey County Hospital National Health Service Trust | Royal Surrey County Hospital | Anaesthetics – Intensive Care Unit | F2, CT1 and CT2 |
Acute Medicine | F1, F2, CT1, CT2 and ST3 to ST7 | ||
Emergency Medicine | ST3 to ST7 | ||
Surrey and Sussex Healthcare National Health Service Trust | East Surrey Hospital and Crawley Hospital | Paediatrics | ST3 to ST6 |
South West Strategic Health Authority area | |||
University Hospitals Bristol NHS Foundation Trust | Bristol Eye Hospital, Bristol Royal Infirmary and St. Michael’s Hospital | Anaesthetics | ST3 and ST4 - 1st on call ST4 to ST7 – 2nd on call |
Bristol Royal Hospital For Children, Frenchay Hospital, Southmead Hospital and St. Michael’s Hospital | Otolaryngology | ST1 to ST3 | |
West Midlands Strategic Health Authority area | |||
George Eliot Hospital National Health Service Trust | George Eliot Hospital | Anaesthetics | ST3 to ST7 |
University Hospital of North Staffordshire National Health Service Trust | The Royal Infirmary | Renal | ST3 to ST8 |
Neurosurgery | F2, ST1 to ST3 | ||
Yorkshire and the Humber Strategic Health Authority area | |||
Bradford Teaching Hospitals NHS Foundation Trust | Bradford Royal Infirmary and St. Lukes Hospital | Otolaryngology/ Plastic Surgery/Oral and Maxillofacial Surgery (merged rota) | F2, CT1 and CT2 |
Calderdale and Huddersfield NHS Foundation Trust | Calderdale Royal Hospital | Emergency Medicine | F2, CT1, CT2, CT3, ST4, ST5 and SpR |
Huddersfield Royal Infirmary | Anaesthetics | CT1, CT2, ST3 to ST5 and SpR | |
Emergency Medicine | F2, CT1, CT2, CT3, ST4, ST5 and SpR | ||
Hull and East Yorkshire Hospitals National Health Service Trust | Hull Royal Infirmary | Neurosurgery | F2, ST1 and ST2 |
Scarborough and North East Yorkshire Healthcare National Health Service Trust | Scarborough General Hospital | Anaesthetics | CT1, CT2 and ST3 to ST5 |
Acute Medicine | ST3 to ST5 | ||
Neurology | ST3 to ST5 | ||
Diabetes and Endocrinology | ST3 to ST5 | ||
Care of the Elderly | ST3 to ST5 | ||
Sheffield Children’s NHS Foundation Trust | Sheffield Children’s NHS Foundation Trust, Capitol Park, Barnsley | Paediatrics – Critical Care, Neonatal Services | ST6 to ST8 – Transport rota |
The Rotherham NHS Foundation Trust | Rotherham General Hospital | Obstetrics and Gynaecology | ST1 to ST7 |
York Hospitals NHS Foundation Trust | York Hospital | Obstetrics and Gynaecology | ST3 to ST7 and SpR |
Trauma and Orthopaedics | F2, CT1, CT2, ST1 and ST2 | ||
Scotland | |||
Ayrshire and Arran Health Board | Ayr Hospital | Emergency Medicine | ST3 to ST7 and SpR |
Borders Health Board | Borders General Hospital | Paediatrics | ST3 to ST9 and SpR |
Fife Health Board | Forth Park Maternity Hospital and Victoria Hospital | Paediatrics | ST3 to ST9 and SpR |
Lanarkshire Health Board | Wishaw General Hospital | Emergency Medicine | ST3 to ST7 and SpR |
Neonatology | ST3 to ST9 and SpR | ||
Hairmyres Hospital | Emergency Medicine | ST3 to ST7 and SpR | |
Monklands Hospital | Emergency Medicine | ST3 to ST7 and SpR | |
Wales | |||
Cwm Taf Local Health Board | Royal Glamorgan Hospital | Ophthalmology | Junior |
F1SCHEDULE 3ENFORCEMENT
Sch. 3 inserted (1.8.2003) by The Working Time (Amendment) Regulations 2003 (S.I. 2003/1684), regs. 1, 12
Appointment of inspectors1
1
Each enforcement authority may appoint as inspectors (under whatever title it may from time to time determine) such persons having suitable qualifications as it thinks necessary for carrying into effect these Regulations within its field of responsibility, and may terminate any appointment made under this paragraph.
2
Every appointment of a person as an inspector under this paragraph shall be made by an instrument in writing specifying which of the powers conferred on inspectors by these Regulations are to be exercisable by the person appointed; and an inspector shall in right of his appointment under this paragraph—
a
be entitled to exercise only such of those powers as are so specified; and
b
be entitled to exercise the powers so specified only within the field of responsibility of the authority which appointed him.
3
So much of an inspector’s instrument of appointment as specifies the powers which he is entitled to exercise may be varied by the enforcement authority which appointed him.
4
An inspector shall, if so required when exercising or seeking to exercise any power conferred on him by these Regulations, produce his instrument of appointment or a duly authenticated copy thereof.
Powers of inspectors2
1
Subject to the provisions of paragraph 1 and this sub-paragraph, an inspector may, for the purpose of carrying into effect these Regulations within the field of responsibility of the enforcement authority which appointed him, exercise the powers set out in sub-paragraph (2) below.
2
The powers of an inspector referred to in the preceding sub-paragraph are the following, namely—
a
at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned in sub-paragraph (1) above;
b
to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
c
without prejudice to the preceding sub-paragraph, on entering any premises by virtue of paragraph (a) above to take with him—
i
any other person duly authorised by the inspector’s enforcement authority; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
d
to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in sub-paragraph (1) above;
e
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (d) above to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
f
to require the production of, inspect, and take copies of or of any entry in—
i
any records which by virtue of these Regulations are required to be kept, and
ii
any other books, records or documents which it is necessary for him to see for the purposes of any examination or investigation under paragraph (d) above;
g
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this paragraph;
h
any other power which is necessary for the purpose mentioned in sub-paragraph (1) above.
3
No answer given by a person in pursuance of a requirement imposed under sub-paragraph (2)(e) above shall be admissible in evidence against that person or the F16spouse or civil partner of that person in any proceedings.
4
Nothing in this paragraph shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.
Improvement notices3
If an inspector is of the opinion that a person—
a
is contravening one or more of these Regulations; or
b
has contravened one or more of these Regulations in circumstances that make it likely that the contravention will continue or be repeated,
he may serve on him a notice (in this Schedule referred to as “an improvement notice”) stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under paragraph 6) as may be specified in the notice.
Prohibition notices4
1
This paragraph applies to any activities which are being or are likely to be carried on by or under the control of any person, being activities to or in relation to which any of these Regulations apply or will, if the activities are so carried on, apply.
2
If as regards any activities to which this paragraph applies an inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice (in this Schedule referred to as “a prohibition notice”).
3
A prohibition notice shall—
a
state that the inspector is of the said opinion;
b
specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;
c
where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of these Regulations, state that he is of that opinion, specify the regulation or regulations as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and
d
direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of paragraph (b) above and any associated contraventions of provisions so specified in pursuance of paragraph (c) above have been remedied.
4
A direction contained in a prohibition notice in pursuance of sub-paragraph (3)(d) above shall take effect—
a
at the end of the period specified in the notice; or
b
if the notice so declares, immediately.
Provisions supplementary to paragraphs 3 and 45
1
In this paragraph “a notice” means an improvement notice or a prohibition notice.
2
A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—
a
may be framed to any extent by reference to any approved code of practice; and
b
may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.
3
Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
a
the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of paragraph 3 or paragraph 4(4) as the case may be; and
b
the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.
Appeal against improvement or prohibition notice6
1
In this paragraph “a notice” means an improvement or a prohibition notice.
2
A person on whom a notice is served may within 21 days from the date of its service appeal to an employment tribunal; and on such an appeal the tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the tribunal may in the circumstances think fit.
3
Where an appeal under this paragraph is brought against a notice within the period allowed under the preceding sub-paragraph, then—
a
in the case of an improvement notice, the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal;
b
in the case of a prohibition notice, the bringing of the appeal shall have the like effect if, but only if, on the application of the appellant the tribunal so directs (and then only from the giving of the direction).
4
One or more assessors may be appointed for the purposes of any proceedings brought before an employment tribunal under this paragraph.
Power of enforcement authority to indemnify inspectors7
Where an action has been brought against an inspector in respect of an act done in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, that authority may, nevertheless, indemnify him against the whole or part of any damages and costs or expenses which he may have been ordered to pay or may have incurred, if the authority is satisfied that the inspector honestly believed that the act complained of was within his powers and that his duty as an inspector required or entitled him to do it.
Restrictions on disclosure of information8
1
In this and the two following sub-paragraphs—
a
“relevant information” means information obtained by an inspector in pursuance of a requirement imposed under paragraph 2(2)(e) or (f); and
b
“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.
2
Subject to the following sub-paragraph, no relevant information shall be disclosed without the consent of the person by whom it was furnished.
3
The preceding sub-paragraph shall not apply to—
a
disclosure of information to the CommissionF7, the ONR, a government department or any enforcement authority;
b
without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions F8, relevant nuclear provisions or under these Regulations;
c
without prejudice to paragraph (a) above, disclosure by the recipient of information to—
i
an officer of a local authority who is authorised by that authority to receive it; or
ii
a constable authorised by a chief officer of police to receive it; or
d
disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case.
4
In the preceding sub-paragraph any reference to the CommissionF9, the ONR, a government department or an enforcement authority includes respectively a reference to an officer of that body or authority (including in the case of an enforcement authority, any inspector appointed by it), and also, in the case of a reference to the Commission, includes a reference to—
a
a person performing any functions of the Commission or the Executive on its behalf by virtue of section 13(1)(a) of the 1974 Act;
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed in pursuance of section 13(1)(d) of the 1974 Act.
F104A
In sub-paragraph (3) a reference to the ONR also includes a reference to—
a
a person performing functions of the ONR on its behalf by virtue of section 95 of the 2013 Act;
b
an officer of a body which is so performing any such functions; and
c
a person appointed to provide advice to the ONR.
5
A person to whom information is disclosed in pursuance of sub-paragraph (3) above shall not use the information for a purpose other than—
a
in a case falling within sub-paragraph (3)(a), a purpose of the CommissionF11, or the ONR, of the government department, or of the enforcement authority in question in connection with these Regulations F12, the relevant nuclear provisions or with the relevant statutory provisions, as the case may be;
b
in the case of information given to an officer of a body which is a local authority, the purposes of the body in connection with the relevant statutory provisions F13, the relevant nuclear provisions or any enactment whatsoever relating to working time, public health, public safety or the protection of the environment;
c
in the case of information given to a constable, the purposes of the police in connection with these Regulations, the relevant statutory provisions F14, the relevant nuclear provisions or any enactment whatsoever relating to working time, public health, public safety or the safety of the State.
6
A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by paragraph 2 of this Schedule (including in particular any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—
a
for the purposes of his functions;
b
for the purposes of any legal proceedings; or
c
with the relevant consent.
In this sub-paragraph “the relevant consent” means the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.
7
Notwithstanding anything in the preceding sub-paragraph an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare or working time, give to such persons or their representatives the following descriptions of information, that is to say—
a
factual information obtained by him as mentioned in that sub-paragraph which relates to those premises or anything which was or is therein or was or is being done therein; and
b
information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;
and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.
8
Notwithstanding anything in sub-paragraph (6) above, a person who has obtained such information as is referred to in that sub-paragraph may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of the relevant facts observed by him in the course of exercising any of the powers referred to in that sub-paragraph.
Words in Sch. 2 heading inserted (E.) (1.10.2013) by The Working Time (Amendment) (England) Regulations 2013 (S.I. 2013/2228), regs. 1(2), 2(5)(a) (with reg. 3)