# The Working Time (Amendment) (No. 2) Regulations 2009

S.I. 2009/2766 · made 14 October 2009

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).

Made under: European Communities Act 1972 (repealed)

## Introductory text

Terms And Conditions Of Employment
Made 14th October 2009
Laid before Parliament 15th October 2009
Coming into force 2nd November 2009
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the organisation of working time;
Accordingly the Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations.

## 1 Citation 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.

## 2 Amendments to regulation 25A of the Working Time Regulations 1998

In regulation 25A (doctors in training) of the Working Time Regulations 1998—
(a) 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
(b) in paragraph (1A)—
(i) in sub-paragraph (a) for “the table” substitute “Table 1 or Table 2”;
(ii) in sub-paragraph (b) for “that table” substitute “the applicable table”;
(iii) in sub-paragraph (c) for “that table” substitute “the applicable table”; and
(iv) in sub-paragraph (d) for “that table” substitute “the applicable table”.

## 3 Amendments to Schedule 2A to the Working Time Regulations 1998

In Schedule 2A (doctors in training) to the Working Time Regulations 1998—
(a) after the heading “Doctors in training” start a new line and insert the heading “TABLE 1”; and
(b) 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 Trust
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 Trust
Royal Derby Hospital
Oral Maxillo Facial Surgery
ST3 to ST7
Northampton General Hospital National Health Service Trust
Northampton General Hospital
Emergency Medicine
ST3 to ST7
Nottingham University Hospitals National Health Service Trust
Queens Medical Centre, Nottingham
Neurosurgery
ST4 to ST8
University Hospitals of Leicester National Health Service Trust
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 Trust
Addenbrookes Hospital
Anaesthetics
ST3 to ST7 and SpR
Norfolk and Norwich University Hospitals NHS Foundation Trust
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 Trust
Peterborough District Hospital and Edith Cavell Hospital
General Surgery
CT1 and CT2
The Queen Elizabeth Hospital King’s Lynn National Health Service Trust
The Queen Elizabeth Hospital
Obstetrics and Gynaecology
ST3
London Strategic Health Authority area
The Royal Free Hampstead National Health Service Trust
The Royal Free
Neurosurgery
ST3 to ST8
The Royal Marsden NHS Foundation Trust
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 Trust
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 Trust
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 Trust
University Hospital Aintree
Anaesthetics - Critical Care
CT1, CT2 and ST3 to ST7
North Cumbria University Hospitals National Health Service Trust
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 Trust
Royal Bolton Hospital
Paediatrics
FTSTA3 and ST4 to ST8
Tameside Hospital NHS Foundation Trust
Tameside General Hospital
Trauma and Orthopaedics
F2, CT1, CT2, ST1 and ST2
Warrington and Halton Hospitals NHS Foundation Trust
Warrington Hospital
Trauma and Orthopaedics
F2, ST1 and ST2
South Central Strategic Health Authority area
Buckinghamshire Hospitals National Health Service Trust
Stoke Mandeville Hospital and Wycombe Hospital
Anaesthetics
ST3 to ST5
Isle of Wight National Health Service Primary Care Trust
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 Trust
Horton General Hospital, Banbury
Obstetrics and Gynaecology
ST3 to ST5
Winchester and Eastleigh Healthcare National Health Service Trust
Royal Hampshire County Hospital
Surgery
ST3 to ST5
South East Coast Strategic Health Authority area
Ashford and St. Peter’s Hospitals National Health Service Trust
St. Peter’s Hospital
Anaesthetics
CT2 and ST3 to ST7
Brighton and Sussex University Hospitals National Health Service Trust
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 Trust
Queen Elizabeth the Queen Mother Hospital
Anaesthetics – Intensive Care Unit and Theatres
CT1 and CT2
Paediatrics
ST3 to ST7
Frimley Park Hospital NHS Foundation Trust
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 Trust
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 Trust
East Surrey Hospital and Crawley Hospital
Paediatrics
ST3 to ST6
South West Strategic Health Authority area
University Hospitals Bristol NHS Foundation Trust
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 Trust
George Eliot Hospital
Anaesthetics
ST3 to ST7
University Hospital of North Staffordshire National Health Service Trust
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 Trust
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 Trust
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 Trust
Hull Royal Infirmary
Neurosurgery
F2, ST1 and ST2
Scarborough and North East Yorkshire Healthcare National Health Service Trust
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 Trust
Sheffield Children’s NHS Foundation Trust, Capitol Park, Barnsley
Paediatrics – Critical Care, Neonatal Services
ST6 to ST8 – Transport rota
The Rotherham NHS Foundation Trust
Rotherham General Hospital
Obstetrics and Gynaecology
ST1 to ST7
York Hospitals NHS Foundation Trust
York Hospital
Obstetrics and Gynaecology
ST3 to ST7 and SpR
Trauma and Orthopaedics
F2, CT1, CT2, ST1 and ST2
Scotland
Ayrshire and Arran Health Board
Ayr Hospital
Emergency Medicine
ST3 to ST7 and SpR
Borders Health Board
Borders General Hospital
Paediatrics
ST3 to ST9 and SpR
Fife Health Board
Forth Park Maternity Hospital and Victoria Hospital
Paediatrics
ST3 to ST9 and SpR
Lanarkshire Health Board
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 Board
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.

---
Source: https://www.legislation.gov.uk/uksi/2009/2766 (the official version)
Page: https://openlegislation.uk/working-time-amendment-no-2-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

