40.—(1) Regulation 39(1) does not apply to the following services—
(a)cancer services which are subject to the 2 week maximum waiting time by virtue of regulation 52; [F1or]
(b)maternity services; F2...
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) [F4Regulation 39(1) does] not apply to any service where it is necessary to provide urgent care.
Textual Amendments
F1Word in reg. 40(1)(a) inserted (1.4.2014) by The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013 (S.I. 2013/2891), regs. 1(2), 4(2)(a)(i)
F2Word in reg. 40(1)(b) omitted (1.4.2014) by virtue of The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013 (S.I. 2013/2891), regs. 1(2), 4(2)(a)(ii)