The National Health Service (Out of Hours Provision of Personal Medical Services and Miscellaneous Amendments) (England) Regulations 2003

Form of applications for approval of out of hours arrangements and determinations of applications

4.—(1) An application for approval of an out of hours arrangement shall be made by the pilot scheme provider in writing to the relevant body and shall state—

(a) the name and address of the accredited service provider;

(b) the periods during which the pilot scheme provider’s liabilities and obligations under the pilot scheme are to be transferred to the accredited service provider;

(c) how it is proposed that the accredited service provider will meet the pilot scheme provider’s liabilities and obligations during the periods specified under sub-paragraph (b);

(d) the arrangements for the transfer of the pilot scheme provider’s liabilities and obligations to and from the accredited service provider at the beginning and end of the periods specified under sub-paragraph (b);

(e) whether the proposed out of hours arrangement includes the pilot scheme provider’s liabilities and obligations in respect of maternity medical services, and if so, details of any doctor who will perform maternity medical services during the periods specified under sub-paragraph (b);

(f) how long the proposed out of hours arrangement is intended to last and the circumstances in which the pilot scheme provider’s liabilities and obligations during the periods specified under sub-paragraph (b) would revert to it; and

(g) what arrangements are proposed to enable patients in respect of whom piloted services are provided to contact the accredited service provider.

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

(3) The relevant body shall approve a proposed out of hours arrangement if it is satisfied—

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

(b) having regard to the interests of the patients in respect of whom piloted services are provided, that the arrangement is reasonable;

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

(d) that the area covered by the proposed out of hours arrangement is within the specified geographical area in respect of which the accredited service provider is approved under regulation 5 of the Out of Hours Regulations (approval);

(e) that it will be clear to the patients in respect of whom piloted services are provided how to seek personal medical services outside normal hours;

(f) where maternity medical services are to be provided under the out of hours arrangement, that they will be performed by a doctor who has such medical experience and training as are necessary to enable the doctor properly to perform such services; and

(g) that if the out of hours arrangement comes to an end, the pilot scheme provider has in place proper arrangements for the immediate resumption of its responsibilities.

(4) The relevant body shall inform the pilot scheme provider of its determination as to whether or not to approve the application by a notice in writing, and where it refuses an application, it shall—

(a) include in the notice a statement of the reasons for its determination; and

(b) inform the pilot scheme provider of its right of appeal under paragraph (5).

(5) A pilot scheme provider may, before the end of the period of 30 days beginning with the day on which the notice referred to in paragraph (4) was sent, appeal in writing to the Secretary of State against any refusal of an application under this regulation.

(6) The Secretary of State may, when determining an appeal, either confirm the determination of the relevant body or substitute his own determination for that of the relevant body.

(7) The Secretary of State shall inform the pilot scheme provider of his determination of the appeal by a notice in writing, and shall include in the notice a written statement of the reasons for the determination.