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

Review of, and withdrawal of approval of, out of hours arrangements by the relevant body

5.—(1) Subject to regulation 6, where, in respect of any out of hours arrangement with a pilot scheme provider, it appears to a relevant body that it may no longer be satisfied as to one or more of the matters referred to in regulation 4(3), it may inform the pilot scheme provider by a notice in writing that it proposes to review its approval of the arrangement, and in that notice it shall—

(a) explain why it appears to the relevant body that it may no longer be satisfied as to one or more of the matters referred to in regulation 4(3); and

(b) inform the pilot scheme provider that it may, within 30 days of the date of the notice, make representations in writing to the relevant body addressing the concerns raised in the notice.

(2) After considering any representations made in accordance with paragraph (1)(b), the relevant body may determine either to allow the arrangement to continue or to withdraw its approval.

(3) The relevant body shall give notice to the pilot scheme provider of its determination and, where it withdraws approval, it shall—

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

(b) inform the pilot scheme provider of its right of appeal under paragraph (4).

(4) 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 (3) was sent, appeal in writing to the Secretary of State against the withdrawal of approval under this regulation, and if it does so, the Secretary of State—

(a) may, when determining the appeal, either confirm the determination of the relevant body or substitute his own determination for that of the relevant body; and

(b) 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.

(5) Where the relevant body withdraws approval, the withdrawal shall take effect—

(a) at the end of the period of two months beginning with the date on which the notice referred to in paragraph (3) was sent; or

(b) where there is an appeal and the appeal is dismissed, the date on which the pilot scheme provider receives notice from the Secretary of State under paragraph (4)(b) that the appeal has been dismissed,

whichever is the later.