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

Withdrawal of approval of out of hours arrangements under personal medical services agreements

85.—(1) Where—

(a) an approval of an out of hours arrangement granted under regulation 4 of the PMS Out of Hours Regulations is to be treated, pursuant to article 77, as an approval granted to the PMS contractor by the relevant body under—

(i) the term of its agreement which gives effect to paragraph 2 of Schedule 6 to the Personal Medical Services Agreements Regulations, or

(ii) the equivalent term deemed to be included in its transitional agreement pursuant to article 60(7); and

(b) on or before 31st March 2004, a relevant body had notified a pilot scheme provider of its withdrawal of approval of that arrangement under regulation 5 of the PMS Out of Hours Regulations but that withdrawal had not yet taken effect,

paragraphs (2) to (4) shall apply.

(2) In a case where, on 31st March 2004—

(a) the time for appealing under regulation 5(4) of the PMS Out of Hours Regulations had expired without any appeal being made; or

(b) an appeal had been made under that regulation but had been determined or withdrawn before the end of the period of two months after the date on which the notice of withdrawal was sent by the Primary Care Trust under regulation 5(3) of those Regulations,

the withdrawal shall take effect as a withdrawal of approval under the term of the agreement which gives effect to paragraph 3 of Schedule 6 to the Personal Medical Services Agreements Regulations, or under the equivalent term deemed to be included in the transitional agreement pursuant to article 60(7), on the date on which it would have taken effect had regulation 5(5) of the PMS Out of Hours Regulations not been revoked.

(3) In a case where the time for appealing under regulation 5(4) of the PMS Out of Hours Regulations had not expired on or before 31st March 2004, the notice of determination of withdrawal shall be deemed to be a notice of determination of withdrawal of approval on notice under the term of the agreement which gives effect to paragraph 3 of Schedule 6 to the Personal Medical Services Agreements Regulations, or under the equivalent term deemed to be included in the transitional agreement pursuant to article 60(7), subject to the modifications that—

(a) the 30 days referred to in the term (or deemed term) of the agreement giving effect to paragraph 3(6) shall be treated as beginning with the day on which the relevant body sent the notice under regulation 5(4); and

(b) the date referred to in the term (or deemed term) of the agreement giving effect to paragraph 3(7)(a) shall be treated as being the date on which the relevant body sent the notice under regulation 5(4).

(4) In a case where, on 31st March 2004, an appeal had already been made under regulation 5(4) of the PMS Out of Hours Regulations but not yet been determined or withdrawn, the appeal shall continue to be dealt with as if regulation 5 of those Regulations had not been revoked and, if the appeal is dismissed, the withdrawal of approval shall take effect as a withdrawal of approval under—

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

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

on the date on which the PMS contractor received notice of the dismissal of the appeal.