The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012

Duty to offer alternative provider for treatment for suspected cancer

53.—(1) Paragraph (2) applies where—

(a) a person has been referred urgently for treatment for suspected cancer to a health service provider (“the relevant provider”);

(b) the referral is made by—

(i) a general medical practitioner or a person authorised to act on their behalf, or

(ii) a general dental practitioner or a person authorised to act on their behalf;

(c) the referral is for an appointment with a specialist with a view to diagnosis or treatment of cancer;

(d) the referred person, or a person lawfully acting on their behalf, notifies the relevant provider or the relevant body which has responsibility for the person referred, that they have not had an appointment, or will not have an appointment, within two weeks beginning with the date on which the person’s referral request is received by the relevant provider (“the relevant period”); and

(e) the relevant provider or the relevant body is satisfied that the person referred has not or will not have an appointment within the relevant period.

(2) Where this paragraph applies, the relevant body which has responsibility for the person referred must take all reasonable steps to ensure that the person is offered an appointment in accordance with paragraphs (3) to (5).

(3) The appointment must be with a specialist at a suitable health service provider other than the relevant provider.

(4) The appointment must be at an earlier date than the appointment the person would have had if they had continued to wait for an appointment at the relevant provider.

(5) If there is more than one suitable health service provider the patient must be offered an appointment falling within paragraphs (2) and (3) at more than one such provider.

(6) Paragraph (2) does not apply if the person—

(a) was made aware of the consequences of not attending appointments and did not attend an appointment made by the relevant provider in response to the referral; or

(b) chose not to attend an appointment within the relevant period.