PART 6Opt outs: additional and out of hours services

F5Minor surgery: permanent opt outs37

1

In this regulation—

  • “A day” is the day specified by the contractor in the permanent opt out notice which the contractor gives to F9NHS England for the commencement of the permanent opt out;

  • “B day” is the day six months after the date on which the permanent opt out notice was given to F9NHS England; and

  • “C day” is the day nine months after the date on which the permanent opt out notice was given to F9NHS England.

2

F9NHS England must, as soon as is reasonably practicable and in any event before the end of the period of 28 days beginning with the date on which F9NHS England receives a permanent opt out notice under regulation 35(5) (or temporary opt out notice which is treated as a permanent opt out notice under regulation 35(7))—

a

approve the opt out notice; or

b

reject the opt out notice in accordance with paragraph (4).

3

F9NHS England must give notice to the contractor of its decision under paragraph (2) as soon as possible, including the reasons for its decision where that decision is to reject the opt out notice.

4

F9NHS England may reject the opt out notice on the ground that the contractor is providing F3minor surgery to patients other than its registered patients, or enhanced services.

5

A contractor may not withdraw an opt out notice once that notice has been approved by F9NHS England in accordance with paragraph (2)(a) without F9NHS England’s agreement.

6

If F9NHS England approves the opt out notice under paragraph (2)(a), F9NHS England must use reasonable endeavours to make arrangements for the contractor's patients to receive F7minor surgery from an alternative provider from A day.

7

The contractor's duty to provide F4minor surgery terminates on A day unless F9NHS England gives notice to the contractor under paragraph (8) (extending A day to B day or C day).

8

If F9NHS England is not successful in finding an alternative provider to take on the provision of F1minor surgery from A day, then F9NHS England must give notice in writing to the contractor of that fact no later than one month before A day, and in a case where A day is—

a

three months after the date on which the opt out notice was given, the contractor must continue to provide F1minor surgery until B day unless, at least one month before B day, the contractor is given notice in writing by F9NHS England under paragraph (9) to the effect that, despite using reasonable endeavours, F9NHS England has not been able to find an alternative provider to take on the provision of F1minor surgery from B day;

b

six months after the opt out notice was given, the contractor must continue to provide F1minor surgery until C day.

9

Where, in accordance with paragraph (8)(a), the permanent opt out is to commence on B day and F9NHS England , despite using reasonable endeavours, has not been able to find an alternative provider to take on the provision of F2minor surgery from that day, F9NHS England must give notice in writing to the contractor of that fact at least one month before B day, in which case the contractor must continue to provide F2minor surgery until C day.

10

As soon as is practicable and, in any event, within seven days of F9NHS England giving notice to the contractor under paragraph (9), F9NHS England must enter into discussions with the contractor concerning the support that F9NHS England is able to give to the contractor or other changes which F9NHS England or the contractor may make in relation to the provision of F6minor surgery until C day.

11

Nothing in the preceding paragraphs prevents the contractor and F9NHS England from agreeing a different date for the termination of the contractor's duty under the contract to provide F8minor surgery and, accordingly, varying the contract in accordance with regulation 29 and Part 8 of Schedule 3.

12

The permanent opt out takes effect at 8.00am on the relevant day unless—

a

the day is Saturday, Sunday, Good Friday, Christmas Day, or a bank holiday in which case the opt out is to take effect on the next working day at 8.00am; or

b

F9NHS England and the contractor agree a different day or time.