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 [F1NHS England] 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) [F1NHS England] 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 [F1NHS England] receives the out of hours opt out notice.
(4) [F1NHS England] 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 [F1NHS England] under paragraph (3) without [F1NHS England’s] agreement.
(6) 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 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 [F1NHS England] gives notice in writing to the contractor under paragraph (7) (extending OOH day to B day or C day).
(8) If [F1NHS England] is not successful in finding an alternative provider to take on the provision of the out of hours services from OOH day, [F1NHS England] 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 [F1NHS England] 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 [F1NHS England], 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, [F1NHS England] 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)[F1NHS England] 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 [F1NHS England] gives notice under paragraph (10), [F1NHS England] must enter into discussions with the contractor concerning the support that [F1NHS England] may give to the contractor or other changes which [F1NHS England] or the contractor may make in relation to the provision of out of hours services until C day.
Textual Amendments
F1Words 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