# The General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004, Article 67: Appeal against immediate withdrawal of approval of out of hours arrangements under general medical services and default contracts

Extent: N.I.

(1) Where –
(a) on or before 31st March 2004, a Board had notified a medical practitioner of its immediate withdrawal of approval of an out of hours arrangement under paragraph 22 of Schedule 2 to the 1997 Regulations; and
(b) on or before 1st April 2004, that medical practitioner –
(i) has entered as an individual medical practitioner into a general medical services contract, or a default contract, which requires the provision of out of hours services;
(ii) is one of two or more individuals practising in partnership who have entered into such a contract; or
(iii) is a legal and beneficial shareholder in a company which has entered into such a general medical services contract,
paragraphs (2) and (3) shall apply.
(2) In a case where the time for appealing under paragraph 22(4) had not expired on or before 31st March 2004, that withdrawal shall be treated as if it were a withdrawal of approval under the term of the general medical services contract which gives effect to paragraph 5(1)(b) of Schedule 6 to the 2004 Regulations (or under the equivalent term of a default contract) subject to the modification that the 30 days referred to in the term giving effect to paragraph 5(5) of that Schedule (or in the equivalent term of the default contract) shall be treated as beginning with and including the day on which the Board’s notification under paragraph 22(2) of Schedule 2 to the 1997 Regulations was sent.
(3) In a case where, on 31st March 2004, an appeal had already been made under paragraph 22(4) but not yet been determined or withdrawn, that appeal shall continue to be dealt with as if paragraphs 20 and 22 of Schedule 2 to the 1997 Regulations had not been revoked and, if the appeal is successful, the approval of the arrangement shall be treated as an approval given under the term of the general medical services contract which gives effect to paragraph 2 of Schedule 6 to the 2004 Regulations (or under the equivalent term of the default contract), except in the circumstances specified in paragraph (4).
(4) The circumstances referred to in paragraph (3) are that the appeal related to an arrangement with a transferee doctor as defined in paragraph 20(1)(c) of Schedule 2 to the 1997 Regulations and that doctor –
(a) has not entered as an individual medical practitioner into a general medical services contract, or a default contract, which includes the provision of out of hours services;
(b) is not one of two or more individuals practising in partnership who have entered into such a contract;
(c) is not a legal and beneficial shareholder in a company which has entered into such a general medical services contract; or
(d) is not a party to contractual arrangements under Article 15 of the No. 1 Order which include the provision of out of hours services.
(5) The terms of an arrangement granted approval pursuant to paragraph (3) shall be the same as those of the approval previously granted approval under paragraph 20 of Schedule 2 to the 1997 Regulations except that –
(a) any references to the patients of the medical practitioner shall be amended to be references to the patients of the general medical services contractor or the default contractor;
(b) any references to the whole of the out of hours period shall be amended to be references to –
(i) the period beginning at 6.30pm on any day from and including Monday to Thursday and ending at 8am on the following day,
(ii) the period between 6.30pm on Friday and 8am the following Monday, and
(iii) a public holiday or local holiday agreed with the Board;
(c) in any reference to part of the out of hours period –
(i) any reference to 7pm on Monday to Friday shall be amended to be a reference to 6.30pm, and
(ii) any reference to 1pm on Saturday shall be deemed to be a reference to 6.30pm on Friday; and
(d) any references to a particular transferee doctor shall be amended to be references to –
(i) that person as a general medical services contractor, a default contractor or a party to contractual arrangements made under Article 15 of the No. 1 Order;
(ii) that person and any other medical practitioner with whom he is practising in partnership who have entered in to a general medical services contract or a default contract or are a party to contractual arrangements made under Article 15 of the No. 1 Order; or
(iii) the company in which he is a legal and beneficial shareholder and which has entered into a general medical services contract.

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Source: https://www.legislation.gov.uk/nisr/2004/156/article/67 (the official version)
Page: https://openlegislation.uk/general-medical-services-transitional-and-consequential-provisions-no-2-northern-ireland-order-2004/article-67
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.