- Latest available (Revised)
- Point in Time (15/05/2023)
- Original (As made)
Version Superseded: 06/11/2023
Point in time view as at 15/05/2023.
The National Health Service (Personal Medical Services Agreements) Regulations 2015, PART 6 is up to date with all changes known to be in force on or before 18 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
28. In this Part—
“out of hours opt out notice” means a notice given under regulation 30(1) to opt out permanently of the provision of out of hours services;
“OOH day” is the day specified by the contractor in the out of hours opt out notice which the contractor gives to the Board for the commencement of the out of hours opt out;
“B day” is the day six months after the date on which the out of hours opt out notice was given; and
“C day” is the day nine months after the date on which the out of hours opt out notice was given.
29. Where—
(a)an agreement requires the contractor to provide out of hours services in accordance with regulation 22; and
(b)the contractor has contracted to provide out of hours services only to patients to which it is required to provide essential services under the agreement,
the agreement must contain terms relating to the procedure for opting out of the provision of those services which have the same effect as those specified in the following provisions of this Part.
30.—(1) Where a contractor wants to terminate its obligation under the agreement to provide out of hours services, the contractor must give an out of hours opt out notice in writing to the Board to that effect.
(2) An out of hours opt out notice must specify the OOH day, which must be either three or six months after the date on which that notice was given.
(3) The Board must approve the out of hours opt out notice and specify, in accordance with paragraph (5), the 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 the Board receives the out of hours opt out notice.
(4) The Board must give notice to the contractor in writing of its decision as soon as possible.
(5) A contractor may not withdraw an out of hours opt out notice once it has been approved by the Board under paragraph (3) without the Board's agreement.
(6) Following receipt of the out of hours opt out notice, the Board must use reasonable endeavours to make arrangements for the contractor's registered patients to receive the out of hours services from an alternative provider from OOH day.
(7) The contractor's duty to provide the out of hours services terminates on OOH day unless the Board gives notice in writing to the contractor under paragraph (7) (extending OOH day to B day or C day).
(8) If the Board is not successful in finding an alternative provider to take on the provision of the out of hours services from OOH day, the Board must give notice in writing to the contractor of this fact no later than one month before OOH day, and—
(a)in a case where OOH day is three months after service of the opt out notice, the contractor must continue to provide the out of hours services until B day unless, at least one month before B day, it receives a notice in writing from the Board under paragraph (8) that, despite using reasonable endeavours, it has failed to find an alternative provider to take on the provision of the out of hours services from B day;
(b)in a case where OOH day is six months after the date on which the opt out notice was served, the contractor must continue to provide the out of hours services until C day.
(9) Where, in accordance with paragraph (9)(a), the opt out is to commence on B day and the Board, despite using reasonable endeavours, has failed to find an alternative provider to take on the provision of the out of hours services from that day, the Board must give notice in writing to the contractor of this fact at least one month before B day, in which case the contractor must continue to provide the out of hours services until C day.
(10) The opt out takes effect at 8.00am on the relevant day unless—
(a)the day is a Saturday, Sunday, Good Friday, Christmas Day, or a bank holiday, in which case the opt out takes effect on the next working day at 8.00am; or
(b)the Board and the contractor agree a different day or time.
(11) As soon as reasonably practicable and, in any event, before the end of the period of seven days beginning with the date on which the Board gives notice under paragraph (10), the Board must enter into discussions with the contractor concerning the support that the Board may give to the contractor or other changes which the Board or the contractor may make in relation to the provision of out of hours services until C day.
31.—(1) Before any out of hours opt out takes effect, the Board and the contractor must discuss how to inform the contractor's patients of the proposed opt out.
(2) The contractor must, if requested by the Board, inform its registered patients of an opt out and the arrangements made for them to receive the out of hours services by—
(a)placing a notice in the contractor's waiting rooms; or
(b)including the information in the contractor's practice leaflet.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: