The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

Application for approval of an out of hours arrangement

2.—(1) An application to the Local 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 doctor;

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

(c) how the proposed transferee doctor intends to meet the contractor’s obligations during the periods specified under paragraph (b);

(d) the arrangements for the transfer of the contractor’s obligations under the contract to and from the transferee doctor at the beginning and end of the periods specified under paragraph (b);

(e) whether the proposed arrangement includes the contractor’s obligations in respect of maternity medical services; and

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

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

(3) The Local 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 contractor’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 contractor’s patients how to seek primary medical services during the out of hours period;

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

(f) that if the arrangement comes to an end, the contractor has in place proper arrangements for the immediate resumption of its responsibilities,

and shall not refuse to grant approval without first consulting the Local Medical Committee (if any) for its area.

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

(5) A contractor 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 Local Health Board’s notification under sub-paragraph (4) was sent.