Exceptions to the dutyE+W
49.—(1) Regulation 48 does not apply in the circumstances described in any of paragraphs (2) to (10).
(2) The person referred did not attend an appointment made by the relevant health service provider in response to the referral where—
(a)the date for the appointment was reasonable;
(b)that person had been made aware of the consequences of not attending appointments; and
(c)that person had not requested in advance that the date for that appointment be re-arranged.
(3) The person referred did not attend a re-arranged appointment made by the relevant health service provider in response to the referral where—
(a)that person had re-arranged the date of the appointment;
(b)the original date for the appointment had been reasonable; and
(c)that person had been made aware of the consequences of not attending appointments.
(4) The patient chose to commence treatment on a date falling after the end of the period of 18 weeks beginning with the start date where—
(a)that patient had been offered a reasonable appointment date falling within that period; or
(b)they decided that they did not want to be offered any appointment dates within that period.
(5) The person referred decided that they did not want to commence treatment.
(6) The person referred was unable to commence treatment during the period of 18 weeks beginning with the start date for reasons not related to the relevant health service provider, or relevant body which has responsibility for that person, where that person—
(a)has been offered a reasonable appointment date falling within that period; or
(b)was unable to make themselves available for any appointment dates within that period.
(7) A person falling within regulation 47(3)(a), (b) or (c) has assessed the person referred and decided—
(a)that it is in the best clinical interests of that patient to commence treatment after the end of the period of 18 weeks beginning with the start date;
(b)that the person does not need treatment; or
(c)to refer the patient back to primary care services prior to any treatment commencing.
(8) A person falling within regulation 47(3)(a), (b) or (c) has assessed the person referred and decided that the person requires a period of monitoring which consist of or includes being re-assessed at intervals within the period of 18 weeks beginning with the start date.
(9) The patient is placed on the national transplant waiting list.
(10) The patient is referred for the purpose of receiving maternity services.