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

Out of hours services: opt outsE+W

This section has no associated Explanatory Memorandum

38.—(1) Where a contractor wants to terminate its obligation under the contract to provide out of hours services, the contractor must give an out of hours opt out notice in writing to [F1NHS England] to that effect.

(2) An out of hours opt out notice must specify the date on which the contractor would like the out of hours opt out to take effect, which must be either three or six months after the date on which that notice is given.

(3) [F1NHS England] must approve the out of hours opt out notice and specify, in accordance with paragraph (6), the date on which the out of hours opt out is to commence (“OOH day”) 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 [F1NHS England] receives the out of hours opt out notice.

(4) [F1NHS England] must give notice to the contractor of its decision as soon as possible.

(5) The OOH day is the date that is specified in the out of hours opt out notice.

(6) A contractor may not withdraw an out of hours opt out notice once it has been approved by [F1NHS England] under paragraph (3) without [F1NHS England’s] agreement.

(7) Following receipt of the out of hours opt out notice, [F1NHS England] must use reasonable endeavours to make arrangements for the contractor's registered patients to receive out of hours services from an alternative provider from OOH day.

(8) Paragraphs (7) to (10) of regulation 37 apply in respect of an out of hours opt out—

(a)as they apply to a permanent opt out; and

(b)as if the reference to “A day” was a reference to “OOH day”.

Textual Amendments