The National Health Service (General Medical Services Contracts) Regulations 2015

Opt outs: [F1 minor surgery] E+W

35.—(1) Where a contractor wants to permanently or temporarily opt out of the provision of [F2 minor surgery], the contractor must give to [F3 NHS England] in writing a preliminary opt out notice which must state the reasons for the contractor wanting to opt out.

(2) [F3 NHS England] must enter into discussions with the contractor concerning—

(a) the support which [F3 NHS England] is able to give to the contractor; or

(b) other changes which [F3 NHS England] or the contractor may make,

that would enable the contractor to continue to provide [F4 minor surgery].

(3) [F3 NHS England] and the contractor must use reasonable endeavours in order to achieve the aim specified in paragraph (2).

(4) The discussions referred to in paragraph (2) must be—

(a) entered into as soon as is reasonably practicable but before the end of the period of seven days beginning with the date on which the preliminary opt out notice was received by [F3 NHS England]; and

(b) completed before the end of the period of ten days beginning with the date on which the preliminary opt out notice was received by [F3 NHS England] or as soon as reasonably practicable thereafter.

(5) If, following the discussions referred to in paragraph (2), the contractor still wants to opt out of the provision of [F5 minor surgery], the contractor must send an opt out notice to [F3 NHS England].

(6) An opt out notice must specify—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) whether F7 ... the contractor wants to—

(i) permanently opt out, or

(ii) temporarily opt out;

(c) the reasons for the contractor wanting to opt out;

(d) the date from which the contractor would like the opt out to commence, which must—

(i) in the case of a temporary opt out, be at least 14 days after the date of the service of the opt out notice, and

(ii) in the case of a permanent opt out, be the day either three or six months after the date of service of the opt out notice; and

(e) in the case of a temporary opt out, the desired duration of the opt out.

(7) Where, before the end of the period of three years ending with the date on which the opt out notice was given to [F3 NHS England], a contractor has given two previous temporary opt out notices (whether or not [F8 they also concerned minor surgery]), the latest opt out notice is to be treated as a permanent opt out notice (even if the opt out notice states that the contractor wishes to temporarily opt out).

Textual Amendments

F1 Words in reg. 35 heading substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 21(2) (with reg. 3)

F2 Words in reg. 35(1) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 21(3) (with reg. 3)

F3 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F4 Words in reg. 35(2) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 21(4) (with reg. 3)

F5 Words in reg. 35(5) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 21(4) (with reg. 3)

F6 Reg. 35(6)(a) omitted (1.10.2021) by virtue of The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 21(5)(a) (with reg. 3)

F7 Words in reg. 35(6)(b) omitted (1.10.2021) by virtue of The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 21(5)(b) (with reg. 3)

F8 Words in reg. 35(7) substituted (1.10.2021) by The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 2) Regulations 2021 (S.I. 2021/995), reg. 1(2), Sch. 1 para. 21(6) (with reg. 3)