Statutory Instruments
Terms And Conditions Of Employment
Made
14th October 2009
Laid before Parliament
15th October 2009
Coming into force
2nd November 2009
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures relating to the organisation of working time(2);
Accordingly the Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.
1. These Regulations may be cited as the Working Time (Amendment) (No. 2) Regulations 2009 and shall come into force on 2nd November 2009.
2. In regulation 25A (doctors in training) of the Working Time Regulations 1998(3)—
(a)for paragraph (1) substitute—
“(1) Paragraph (1) of regulation 4 is modified in its application to workers to whom this paragraph applies by substituting for the reference to 48 hours a reference to 52 hours—
(a)in the case of doctors in training who are employed in an employment falling within Table 1 of Schedule 2A, with effect from 1st August 2009 until 31st July 2011; and
(b)in the case of doctors in training who are employed in an employment falling within Table 2 of Schedule 2A, with effect from 2nd November 2009 until 31st July 2011.”; and
(b)in paragraph (1A)—
(i)in sub-paragraph (a) for “the table” substitute “Table 1 or Table 2”;
(ii)in sub-paragraph (b) for “that table” substitute “the applicable table”;
(iii)in sub-paragraph (c) for “that table” substitute “the applicable table”; and
(iv)in sub-paragraph (d) for “that table” substitute “the applicable table”.
3. In Schedule 2A (doctors in training) to the Working Time Regulations 1998(4)—
(a)after the heading “Doctors in training” start a new line and insert the heading “TABLE 1”; and
(b)at the end add—
Column 1 Employer | Column 2 Place | Column 3 Specialist Services | Column 4 Grade and, where applicable, Rota |
|---|---|---|---|
| England | |||
| East Midlands Strategic Health Authority area | |||
| Chesterfield Royal Hospital NHS Foundation Trust(5) | Chesterfield Royal Hospital | Emergency Medicine | F2, ST1 to ST7 |
| Obstetrics and Gynaecology | F2, ST1 to ST7 | ||
| Paediatrics | F2, ST1 to ST8 | ||
| Derby Hospitals NHS Foundation Trust(6) | Royal Derby Hospital | Oral Maxillo Facial Surgery | ST3 to ST7 |
| Northampton General Hospital National Health Service Trust(7) | Northampton General Hospital | Emergency Medicine | ST3 to ST7 |
| Nottingham University Hospitals National Health Service Trust(8) | Queens Medical Centre, Nottingham | Neurosurgery | ST4 to ST8 |
| University Hospitals of Leicester National Health Service Trust(9) | Glenfield Hospital | Paediatric (Cardiology and Cardiac Intensive Care) | ST3 to ST8 |
| Leicester Royal Infirmary and Leicester General Hospital | Neonatology | ST1 to ST3 | |
| East of England Strategic Health Authority area | |||
| Cambridge University Hospitals NHS Foundation Trust(10) | Addenbrookes Hospital | Anaesthetics | ST3 to ST7 and SpR |
| Norfolk and Norwich University Hospitals NHS Foundation Trust(11) | Norfolk and Norwich University Hospital | Obstetrics and Gynaecology | ST3 to ST9 and SpR– Tier 3 (partial shift rota (24 hour service)) |
| Paediatric Neonatal | ST3 to ST8 and SpR – Tier 2 (full shift | ||
| Peterborough and Stamford Hospitals NHS Foundation Trust(12) | Peterborough District Hospital and Edith Cavell Hospital | General Surgery | CT1 and CT2 |
| The Queen Elizabeth Hospital King’s Lynn National Health Service Trust(13) | The Queen Elizabeth Hospital | Obstetrics and Gynaecology | ST3 |
| London Strategic Health Authority area | |||
| The Royal Free Hampstead National Health Service Trust(14) | The Royal Free | Neurosurgery | ST3 to ST8 |
| The Royal Marsden NHS Foundation Trust(15) | The Royal Marsden | Otolaryngology and Plastic Surgery | ST3 to ST8 |
| Urology and Gynaecology | ST3 to ST8 | ||
| North East Strategic Health Authority area | |||
| The Newcastle Upon Tyne Hospitals NHS Foundation Trust(16) | Freeman Hospital | General Surgery – Hepatobiliary and Transplant | ST3 to ST7 and SpR |
| Paediatric Cardiology | ST4 to ST8 and SpR – 2nd on call | ||
| Newcastle General Hospital | Neurology | F2, CT1 and CT2 - 1st on call | |
| ST3 to ST7 and SpR - 2nd on call | |||
| Royal Victoria Infirmary | Paediatric Surgery | ST4 to ST8 and SpR - 2nd on call | |
| Paediatrics | ST4 to ST8 and SpR | ||
| North Tees and Hartlepool NHS Foundation Trust(17) | University Hospital of Hartlepool and University Hospital of North Tees | Paediatrics | ST3 to ST7 and SpR |
| North West Strategic Health Authority area | |||
| Aintree University Hospitals NHS Foundation Trust(18) | University Hospital Aintree | Anaesthetics - Critical Care | CT1, CT2 and ST3 to ST7 |
| North Cumbria University Hospitals National Health Service Trust(19) | Cumberland Infirmary | Emergency Medicine | F2, FTSTA1, FTSTA2 and ST1 to ST7 |
| Paediatrics | ST1 and ST2 | ||
| West Cumberland Hospital | Emergency Medicine | F2 and ST1 to ST3 | |
| Royal Bolton Hospitals NHS Foundation Trust(20) | Royal Bolton Hospital | Paediatrics | FTSTA3 and ST4 to ST8 |
| Tameside Hospital NHS Foundation Trust(21) | Tameside General Hospital | Trauma and Orthopaedics | F2, CT1, CT2, ST1 and ST2 |
| Warrington and Halton Hospitals NHS Foundation Trust(22) | Warrington Hospital | Trauma and Orthopaedics | F2, ST1 and ST2 |
| South Central Strategic Health Authority area | |||
| Buckinghamshire Hospitals National Health Service Trust(23) | Stoke Mandeville Hospital and Wycombe Hospital | Anaesthetics | ST3 to ST5 |
| Isle of Wight National Health Service Primary Care Trust(24) | St. Mary’s Hospital | General Medicine | F2, CT1 and CT2 |
| General Medicine | ST3 and ST4 | ||
| Emergency Medicine | F2, ST1 and ST2 | ||
| Obstetrics and Gynaecology | ST3 | ||
| General Surgery | F1 | ||
| General Surgery, Trauma and Orthopaedics, Obstetrics and Gynaecology | F2, ST1 and ST2 – Basic Surgical Training rota | ||
| Oxford Radcliffe Hospitals National Health Service Trust(25) | Horton General Hospital, Banbury | Obstetrics and Gynaecology | ST3 to ST5 |
| Winchester and Eastleigh Healthcare National Health Service Trust(26) | Royal Hampshire County Hospital | Surgery | ST3 to ST5 |
| South East Coast Strategic Health Authority area | |||
| Ashford and St. Peter’s Hospitals National Health Service Trust(27) | St. Peter’s Hospital | Anaesthetics | CT2 and ST3 to ST7 |
| Brighton and Sussex University Hospitals National Health Service Trust(28) | Princess Royal Hospital | General Internal Medicine | ST3 to ST8 |
| Royal Sussex County Hospital and Princess Royal Hospital | Emergency Medicine | ST3 to ST8 | |
| Royal Sussex County Hospital | Obstetrics and Gynaecology | ST3 to ST8 | |
| East Kent Hospitals University NHS Foundation Trust(29) | Queen Elizabeth the Queen Mother Hospital | Anaesthetics – Intensive Care Unit and Theatres | CT1 and CT2 |
| Paediatrics | ST3 to ST7 | ||
| Frimley Park Hospital NHS Foundation Trust(30) | Frimley Park Hospital | Anaesthetics – Intensive Care and Acute Care Common Stem | CT1 and CT2 |
| Emergency Medicine | ST3 to ST6 | ||
| Obstetrics and Gynaecology | ST1 to ST7 | ||
| Paediatrics | ST4 to ST7 | ||
| Royal Surrey County Hospital National Health Service Trust(31) | Royal Surrey County Hospital | Anaesthetics – Intensive Care Unit | F2, CT1 and CT2 |
| Acute Medicine | F1, F2, CT1, CT2 and ST3 to ST7 | ||
| Emergency Medicine | ST3 to ST7 | ||
| Surrey and Sussex Healthcare National Health Service Trust(32) | East Surrey Hospital and Crawley Hospital | Paediatrics | ST3 to ST6 |
| South West Strategic Health Authority area | |||
| University Hospitals Bristol NHS Foundation Trust(33) | Bristol Eye Hospital, Bristol Royal Infirmary and St. Michael’s Hospital | Anaesthetics | ST3 and ST4 - 1st on call ST4 to ST7 – 2nd on call |
| Bristol Royal Hospital For Children, Frenchay Hospital, Southmead Hospital and St. Michael’s Hospital | Otolaryngology | ST1 to ST3 | |
| West Midlands Strategic Health Authority area | |||
| George Eliot Hospital National Health Service Trust(34) | George Eliot Hospital | Anaesthetics | ST3 to ST7 |
| University Hospital of North Staffordshire National Health Service Trust(35) | The Royal Infirmary | Renal | ST3 to ST8 |
| Neurosurgery | F2, ST1 to ST3 | ||
| Yorkshire and the Humber Strategic Health Authority area | |||
| Bradford Teaching Hospitals NHS Foundation Trust(36) | Bradford Royal Infirmary and St. Lukes Hospital | Otolaryngology/ Plastic Surgery/Oral and Maxillofacial Surgery (merged rota) | F2, CT1 and CT2 |
| Calderdale and Huddersfield NHS Foundation Trust(37) | Calderdale Royal Hospital | Emergency Medicine | F2, CT1, CT2, CT3, ST4, ST5 and SpR |
| Huddersfield Royal Infirmary | Anaesthetics | CT1, CT2, ST3 to ST5 and SpR | |
| Emergency Medicine | F2, CT1, CT2, CT3, ST4, ST5 and SpR | ||
| Hull and East Yorkshire Hospitals National Health Service Trust(38) | Hull Royal Infirmary | Neurosurgery | F2, ST1 and ST2 |
| Scarborough and North East Yorkshire Healthcare National Health Service Trust(39) | Scarborough General Hospital | Anaesthetics | CT1, CT2 and ST3 to ST5 |
| Acute Medicine | ST3 to ST5 | ||
| Neurology | ST3 to ST5 | ||
| Diabetes and Endocrinology | ST3 to ST5 | ||
| Care of the Elderly | ST3 to ST5 | ||
| Sheffield Children’s NHS Foundation Trust(40) | Sheffield Children’s NHS Foundation Trust, Capitol Park, Barnsley | Paediatrics – Critical Care, Neonatal Services | ST6 to ST8 – Transport rota |
| The Rotherham NHS Foundation Trust(41) | Rotherham General Hospital | Obstetrics and Gynaecology | ST1 to ST7 |
| York Hospitals NHS Foundation Trust(42) | York Hospital | Obstetrics and Gynaecology | ST3 to ST7 and SpR |
| Trauma and Orthopaedics | F2, CT1, CT2, ST1 and ST2 | ||
| Scotland | |||
| Ayrshire and Arran Health Board(43) | Ayr Hospital | Emergency Medicine | ST3 to ST7 and SpR |
| Borders Health Board(44) | Borders General Hospital | Paediatrics | ST3 to ST9 and SpR |
| Fife Health Board(45) | Forth Park Maternity Hospital and Victoria Hospital | Paediatrics | ST3 to ST9 and SpR |
| Lanarkshire Health Board(46) | Wishaw General Hospital | Emergency Medicine | ST3 to ST7 and SpR |
| Neonatology | ST3 to ST9 and SpR | ||
| Hairmyres Hospital | Emergency Medicine | ST3 to ST7 and SpR | |
| Monklands Hospital | Emergency Medicine | ST3 to ST7 and SpR | |
| Wales | |||
| Cwm Taf Local Health Board(47) | Royal Glamorgan Hospital | Ophthalmology | Junior” |
Signed on behalf of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
14th October 2009
(This note is not part of the Regulations)
These Regulations further implement the third subparagraph of Article 17(5) of Directive 2003/88/EC of the European Parliament and of the Council of 4th November 2003 concerning certain aspects of the organisation of working time (OJ No. L299, 18.11.2003, p. 9).
Regulations 2 and 3 amend Regulation 25A of, and Schedule 2A to, the Working Time Regulations 1998. Regulation 25A of, and Schedule 2A to, the Working Time Regulations 1998 provide for the 48 hour working time limit for doctors in training to be increased to 52 hours for certain categories of doctors in training, listed in Schedule 2A to those Regulations, with effect from 1st August 2009 until 31st July 2011. Regulation 2 of these Regulations amends Regulation 25A of the Working Time Regulations 1998 to provide for the 52 hour working time limit to also apply to certain additional categories of doctors in training with effect from 2nd November 2009 to 31st July 2011. Regulation 3 adds a further Table to Schedule 2A to the Working Time Regulations 1998 which includes the additional categories of doctors in training to whom that provision applies.
A full impact assessment has not been produced for these Regulations as they have no impact on the costs of business, charities or voluntary bodies.
1972 c.68; section 2 was amended by section 27 of the Legislative and Regulatory Reform Act 2006.
S.I. 1998/1833; regulation 25A and Schedule 2A were inserted by S.I. 2009/1567 and other relevant amendments were made by S.I. 1999/3372 and S.I. 2003/1684.
Schedule 2A was inserted by S.I. 2009/1567.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) with effect from 1st January 2005. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006 (c.41), by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006 (c.43).
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) with effect from 1st July 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006 (c.41), by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006 (c.43).
Established by S.I. 1993/2561.
Established by S.I. 2006/782.
Established by S.I. 1999/2921, as amended by S.I. 2003/2150.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st July 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st May 2008.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st April 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Established by S.I. 1991/2363, as amended by S.I. 2005/332.
Established by S.I. 1990/2435, as amended by S.I. 1996/871.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st April 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st June 2006. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st December 2007.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st August 2006. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Established by S.I. 2001/656, as amended by S.I. 2008/1775.
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st October 2008.
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st February 2008.
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st December 2008.
Established by S.I. 2002/2419.
Established by S.I. 2006/2537.
Established by S.I. 1993/2544, as amended by S.I. 1998/1227 and S.I. 2000/961.
Established by S.I. 1993/2581, as amended by S.I. 2001/1915.
Established by S.I. 1998/801.
Established by S.I. 1992/2536, as amended by S.I. 2003/866 and S.I. 2004/2894.
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st March 2009.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st April 2005. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Established by S.I. 1990/2442, as amended by S.I. 1996/2860.
Established by S.I. 1998/651.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st February 2007. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Established by S.I. 1993/2551 and S.I. 2009/510.
Established by S.I. 1992/2559, as amended by S.I. 1993/713 and S.I. 2003/792.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st April 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st August 2006. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Established by S.I. 1999/2675.
Established by S.I. 1991/2398.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st August 2006. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st June 2005. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006.
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st April 2009.
Established by S.I. 1974/267, as amended by S.S.I. 2003/217 and S.S.I. 2006/32.
Established by S.I. 1974/267, as amended by S.S.I. 2003/217 and S.S.I. 2006/32.
Established by S.I. 1974/267, as amended by S.S.I. 2003/217 and S.S.I. 2006/32.
Established by S.I. 1974/267, as amended by S.S.I. 2003/217 and S.S.I. 2006/32.
Established by S.I. 2009/778 (W. 66).