The National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement section 18 of the Health and Social Care Act 2001 (out of hours medical services), and make related provision, in respect of England only.

In particular, the Regulations provide for the approval by a Primary Care Trust of providers of out of hours medical services, other than individual doctors, or groups of doctors operating an informal rota system.

Regulation 3 defines the “out of hours” period. Regulation 4 sets out the procedure for approval. Regulations 5 and 6 set out the basis on which approval is given, or may be refused. By regulation 7 an accredited service provider must comply with certain requirements, in particular to report at periodic intervals on its performance of quality standards published by the Secretary of State.

Regulations 8 and 9 make provision for the withdrawal and suspension of approval. Regulation 10 confers a right of appeal to the Family Health Service Appeals Authority in respect of the refusal or withdrawal of approval, and regulation 11 provides for the notifications to be given by a Primary Care Trust in connection with an out of hours service provider.

Regulations 12 and 13 made amendments to the National Health Service (General Medical Services) Regulations 1992 so that a doctor providing general medical services may only make arrangements for out of hours services with a doctor who is included in the medical list, or an accredited service provider.

By regulation 14, a service provider which makes an application for approval in accordance with these Regulations on or before 1 December 2002 is to be treated as an accredited service provider until the application is determined and any appeal right exhausted.

Regulation 15 confers a new function of co-ordinating and facilitating the effective provision of out of hours services on each Primary Care Trust. In the case of personal medical services provided under a pilot scheme arrangement, the function is, in accordance with section 15(1ZA) conferred on each Strategic Health Authority. However the effect of regulation 16 is to require the function to be performed by Primary Care Trusts acting on behalf of Strategic Health Authorities.