The Working Time (Amendment) (No. 2) Regulations 2009
S.I. 2009/2766 · Made 14 October 2009
Terms And Conditions Of Employment
Made 14th October 2009
Laid before Parliament 15th October 2009
Coming into force 2nd November 2009
Accordingly the Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.
Annotations to the whole text
Footnotes
- f1
-
1972 c.68; section 2 was amended by section 27 of the Legislative and Regulatory Reform Act 2006.
- f2
Contents
- 1Citation and commencement
- 2Amendments to regulation 25A of the Working Time Regulations 1998
- 3Amendments to Schedule 2A to the Working Time Regulations 1998
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Working Time (Amendment) (No. 2) Regulations 2009 and shall come into force on 2nd November 2009.
2Amendments to regulation 25A of the Working Time Regulations 1998
In regulation 25A (doctors in training) of the Working Time Regulations 1998f1—
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
in paragraph (1A)—
in sub-paragraph (a) for “the table” substitute “Table 1 or Table 2”;
in sub-paragraph (b) for “that table” substitute “the applicable table”;
in sub-paragraph (c) for “that table” substitute “the applicable table”; and
in sub-paragraph (d) for “that table” substitute “the applicable table”.
3Amendments to Schedule 2A to the Working Time Regulations 1998
In Schedule 2A (doctors in training) to the Working Time Regulations 1998f1—
after the heading “Doctors in training” start a new line and insert the heading “TABLE 1”; and
at the end add—
“TABLE 2
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 Trustf2 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 Trustf3 Royal Derby Hospital Oral Maxillo Facial Surgery ST3 to ST7 Northampton General Hospital National Health Service Trustf4 Northampton General Hospital Emergency Medicine ST3 to ST7 Nottingham University Hospitals National Health Service Trustf5 Queens Medical Centre, Nottingham Neurosurgery ST4 to ST8 University Hospitals of Leicester National Health Service Trustf6 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 Trustf7 Addenbrookes Hospital Anaesthetics ST3 to ST7 and SpR Norfolk and Norwich University Hospitals NHS Foundation Trustf8 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 Trustf9 Peterborough District Hospital and Edith Cavell Hospital General Surgery CT1 and CT2 The Queen Elizabeth Hospital King’s Lynn National Health Service Trustf10 The Queen Elizabeth Hospital Obstetrics and Gynaecology ST3 London Strategic Health Authority area The Royal Free Hampstead National Health Service Trustf11 The Royal Free Neurosurgery ST3 to ST8 The Royal Marsden NHS Foundation Trustf12 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 Trustf13 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 Trustf14 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 Trustf15 University Hospital Aintree Anaesthetics - Critical Care CT1, CT2 and ST3 to ST7 North Cumbria University Hospitals National Health Service Trustf16 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 Trustf17 Royal Bolton Hospital Paediatrics FTSTA3 and ST4 to ST8 Tameside Hospital NHS Foundation Trustf18 Tameside General Hospital Trauma and Orthopaedics F2, CT1, CT2, ST1 and ST2 Warrington and Halton Hospitals NHS Foundation Trustf19 Warrington Hospital Trauma and Orthopaedics F2, ST1 and ST2 South Central Strategic Health Authority area Buckinghamshire Hospitals National Health Service Trustf20 Stoke Mandeville Hospital and Wycombe Hospital Anaesthetics ST3 to ST5 Isle of Wight National Health Service Primary Care Trustf21 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 Trustf22 Horton General Hospital, Banbury Obstetrics and Gynaecology ST3 to ST5 Winchester and Eastleigh Healthcare National Health Service Trustf23 Royal Hampshire County Hospital Surgery ST3 to ST5 South East Coast Strategic Health Authority area Ashford and St. Peter’s Hospitals National Health Service Trustf24 St. Peter’s Hospital Anaesthetics CT2 and ST3 to ST7 Brighton and Sussex University Hospitals National Health Service Trustf25 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 Trustf26 Queen Elizabeth the Queen Mother Hospital Anaesthetics – Intensive Care Unit and Theatres CT1 and CT2 Paediatrics ST3 to ST7 Frimley Park Hospital NHS Foundation Trustf27 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 Trustf28 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 Trustf29 East Surrey Hospital and Crawley Hospital Paediatrics ST3 to ST6 South West Strategic Health Authority area University Hospitals Bristol NHS Foundation Trustf30 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 Trustf31 George Eliot Hospital Anaesthetics ST3 to ST7 University Hospital of North Staffordshire National Health Service Trustf32 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 Trustf33 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 Trustf34 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 Trustf35 Hull Royal Infirmary Neurosurgery F2, ST1 and ST2 Scarborough and North East Yorkshire Healthcare National Health Service Trustf36 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 Trustf37 Sheffield Children’s NHS Foundation Trust, Capitol Park, Barnsley Paediatrics – Critical Care, Neonatal Services ST6 to ST8 – Transport rota The Rotherham NHS Foundation Trustf38 Rotherham General Hospital Obstetrics and Gynaecology ST1 to ST7 York Hospitals NHS Foundation Trustf39 York Hospital Obstetrics and Gynaecology ST3 to ST7 and SpR Trauma and Orthopaedics F2, CT1, CT2, ST1 and ST2 Scotland Ayrshire and Arran Health Boardf40 Ayr Hospital Emergency Medicine ST3 to ST7 and SpR Borders Health Boardf41 Borders General Hospital Paediatrics ST3 to ST9 and SpR Fife Health Boardf42 Forth Park Maternity Hospital and Victoria Hospital Paediatrics ST3 to ST9 and SpR Lanarkshire Health Boardf43 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 Boardf44 Royal Glamorgan Hospital Ophthalmology Junior ”
Signature
Signed on behalf of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
14th October 2009
Explanatory note
(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.