The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

Application for approval of an out of hours arrangement

8.—(1) An application to the Health Board for approval of an out of hours arrangement shall be made in writing and shall state–

(a) the name and address of the proposed transferee out of hours service provider;

(b) the periods during which the provider’s obligations under the agreement are to be transferred;

(c) how the proposed transferee out of hours service provider intends to meet the provider’s obligations during the periods specified under paragraph (b);

(d) the arrangements for the transfer of the provider’s obligations under the agreement to and from the transferee out of hours service provider at the beginning and end of the periods specified under paragraph (b); and

(e) how long the proposed arrangements are intended to last and the circumstances in which the provider’s obligations under the agreement during the periods specified under paragraph (b) would revert to it.

(2) The Health Board shall determine the application before the end of the period of 28 days beginning with the day on which the Health Board received it.

(3) The Health Board shall grant approval to a proposed out of hours arrangement if it is satisfied–

(a) having regard to the overall provision of primary medical services provided in the out of hours period in its area, that the arrangement is reasonable and will contribute to the efficient provision of such services in the area;

(b) having regard, in particular, to the interests of the provider’s patients, that the arrangement is reasonable;

(c) having regard, in particular, to all reasonably foreseeable circumstances, that the arrangement is practicable and will work satisfactorily;

(d) that it will be clear to the provider’s patients how to seek primary medical services during the out of hours period; and

(e) that if the arrangement comes to an end, the provider has in place proper arrangements for the immediate resumption of the provider’s responsibilities,

and shall not refuse to grant approval without first consulting the area medical committee for its area.

(4) The Health Board shall give notice to the provider of its determination and, where it refuses an application, it shall send the provider a statement in writing of the reasons for its determination.

(5) A provider which wishes to refer the matter 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 Health Board’s notification under sub paragraph (4) was sent.