The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Appeal against immediate withdrawal of approval of out of hours arrangements under personal medical services agreements

89.—(1) Where—

(a) on 31st March 2004, a relevant body had notified a pilot scheme provider of its immediate withdrawal of approval of an out of hours arrangement under regulation 6 of the PMS Out of Hours Regulations; and

(b) on 1st April 2004, that pilot scheme provider has become a PMS contractor,

paragraphs (2) and (3) shall apply.

(2) In a case where the time for appealing under regulation 6(2) of the PMS Out of Hours Regulations had not expired on or before 31st March 2004, that withdrawal shall be treated as if it were a withdrawal of approval under—

(a) the term of the agreement which gives effect to paragraph 5(2) of Schedule 6 to the Personal Medical Services Agreements Regulations; or

(b) the equivalent term deemed to be included in its transitional agreement under article 60(7),

subject to the modification that the 30 days referred to in the term (or deemed term) giving effect to paragraph 5(5) of that Schedule shall be treated as beginning with the day on which the relevant body’s notification under regulation 6(1) was sent.

(3) In a case where, on 31st March 2004, an appeal had already been made under regulation 6(2) of the PMS Out of Hours Regulations but not yet been determined or withdrawn, that appeal shall continue to be dealt with as if that regulation had not been revoked and, if the appeal is successful, the approval of the arrangement shall be treated as an approval given under the term of the agreement which gives effect to paragraph 2 of Schedule 6 to the Personal Medical Services Agreements Regulations or under the equivalent term deemed to be included in the transitional agreement under article 60(7).

(4) The terms of an approval granted pursuant to paragraph (2) or (3) shall be the same as those of the approval previously granted under regulation 4 of the PMS Out of Hours Regulations except that any references to the patients of the pilot scheme provider shall be deemed to be references to the patients of the PMS contractor.