5.—(1) The Local Health Board shall withdraw its approval of an out of hours arrangement immediately —
(a)in the case of an arrangement with a person referred to in paragraph 1(2), if the person with whom it is made ceases to hold a general medical services contract with the Local Health Board which includes the provision of out of hours services; or
(b)where, without any review having taken place under paragraph 4, it appears to the Local Health Board that it is necessary in the interests of the contractor’s patients to withdraw its approval immediately,
and the withdrawal shall take effect on the day on which the notice is received by the contractor.
(2) The Local Health Board shall give notice to the contractor of a withdrawal of approval under sub-paragraph [F1(1)(a) and (b)] and shall include with the notice a statement in writing of the reasons for its determination.
(3) The Local Health Board shall notify the Local Medical Committee (if any) for its area of a withdrawal of approval under sub-paragraph [F2(1)(b)].
(4) A contractor which wishes to refer a withdrawal of approval under sub-paragraph (1)(b) in accordance with the NHS dispute resolution procedure must do so before the end of the period of 30 days beginning with the day on which the Local Health Board’s notification under sub-paragraph (2) was sent.
Textual Amendments
F1Words in Sch. 7 para. 5(2) substituted (1.3.2006) by The National Health Service (Primary Medical Services) (Miscellaneous Amendments) (Wales) Regulations 2006 (S.I. 2006/358), regs. 1(1), 12(i) (with reg. 14)
F2Word in Sch. 7 para. 5(3) substituted (1.3.2006) by The National Health Service (Primary Medical Services) (Miscellaneous Amendments) (Wales) Regulations 2006 (S.I. 2006/358), regs. 1(1), 12(ii) (with reg. 14)
Modifications etc. (not altering text)
C1Sch. 7 para. 5(1)(a) modified (17.3.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) Order 2004 (S.I. 2004/477), arts. 1(1), 21(b)(ii), 22(b)(ii)