The National Health Service (Primary Medical Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013

Sub-contracting of out of hours services

12.—(1) A written approval given by a Primary Care Trust to a contractor in respect of the term of the contract that had the same effect as the provision in paragraph 70(1) (sub-contracting of out of hours services) of Schedule 6 to the GMS Contracts Regulations as in force immediately before the appointed day, must be treated as an approval given by the Board.

(2) An application for approval made by a contractor to a Primary Care Trust under the term of the contract that has the same effect as the provisions in paragraph 70(1) and (3) of Schedule 6 to the GMS Contracts Regulations as in force immediately before the appointed day which is pending, must be treated as an application made to the Board.

(3) Notwithstanding a Primary Care Trust’s request for further information in accordance with the term of the contract that has the same effect as the provision in paragraph 70(4) of Schedule 6 to the GMS Contracts Regulations as in force immediately before the appointed day, the Board may request such further information from the contractor relating to the proposed arrangements if it considers it necessary in order to deal with the matter.

(4) Where a Primary Care Trust informed the contractor by notice of its decision in accordance with the term of the contract that had the same effect as the provision in paragraph 70(7) of the GMS Contracts Regulations as in force immediately before the appointed day, that notice and (where it refuses an application) the statement of reasons for refusal is to be deemed as notice by, and (where there has been a refusal) the statement of reasons for refusal of, the Board.