Office of Public Sector Information
Statutory Instruments
Terms And Conditions Of Employment
Made
25th June 2009
Laid before Parliament
25th June 2009
Coming into force
1st August 2009
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures relating to the organisation of working time(2);
Accordingly the Secretary of State, in exercise of the powers conferred by section 2(2) of that Act, makes the following Regulations:—
1. These Regulations may be cited as the Working Time (Amendment) Regulations 2009 and shall come into force on 1st August 2009.
2. In regulation 25A (doctors in training) of the Working Time Regulations 1998(3)—
(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 with effect from 1st August 2009 until 31st July 2011.
(1A) Paragraph (1) applies to workers who are doctors in training who are employed—
(a) by an employer who is listed in column 1 of the table contained in Schedule 2A,
(b) at a place listed in column 2 of that table in respect of that employer,
(c) to provide at that place one of the specialist services listed in column 3 of that table in respect of that place, and
(d) in one of the grades listed in column 4 of that table in respect of that specialist service and, where applicable, working as part of a rota referred to in that column in respect of that grade, or those grades.”
3. After Schedule 2 (workers employed in agriculture) of the Working Time Regulations 1998 insert—
Regulation 25A(1A)
Column 1 Employer |
Column 2 Place |
Column 3 Specialist Services |
Column 4 Grade and, where applicable, Rota |
|---|---|---|---|
England |
|||
East Midlands Strategic Health Authority area |
|||
| Derby Hospitals NHS Foundation Trust(4) | Derby City General Hospital | Acute Medicine – Medical Assessment Unit | F2, CT1 and CT2 |
| Anaesthetics | F2, ST3 to ST7 | ||
| Anaesthetics – Obstetrics | CT2, ST3 to ST7 | ||
| Anaesthetics – Intensive Care | CT1, CT2, ST3 to ST7 | ||
| Anaesthetics – Theatres | ST3 to ST7 | ||
| Clinical Oncology/ Haematology/ Palliative Medicine | F2, CT1 and CT2 | ||
| General Medicine | F2, CT1, CT2, ST3 to ST7 | ||
| General Surgery | ST3 to ST8 | ||
| General Surgery/ ENT/ Urology | F2, CT1 and CT2 | ||
| Obstetrics and Gynaecology | ST3 to ST7 | ||
| Paediatrics | ST3 to ST8 | ||
| Urology | CT2, ST3 to ST7 | ||
| Nottingham University Hospitals National Health Service Trust(5) | Nottingham City Hospital | Neonatology | ST4 to ST8 |
| Queens Medical Centre, Nottingham | General Surgery and Vascular Surgery | ST4 to ST8 | |
| Neonatology | ST4 to ST8 | ||
| Sherwood Forest Hospitals NHS Foundation Trust(6) | Kings Mill Hospital | Anaesthetics | F2, CT1, CT2, ST3 to ST7 |
Obstetrics and Gynaecology |
F2, ST1 to ST7 | ||
Paediatrics |
F2, ST1 to ST8 | ||
| United Lincolnshire Hospitals National Health Service Trust(7) | Grantham and District Hospital | General Medicine | F2, CT1 and CT2 |
| Lincoln County Hospital | Anaesthetics | F2, CT1 and CT2 | |
| General Medicine | ST3 to ST7 | ||
| Pilgrim Hospital | General Medicine | ST3 to ST7 | |
| University Hospitals of Leicester National Health Service Trust(8) | Leicester Royal Infirmary | Emergency Medicine | ST3 to ST7 |
| Paediatrics | F2, ST1 to ST8 | ||
| Leicester Royal Infirmary and Leicester General Hospital | Neonatology | ST4 to ST8 | |
East of England Strategic Health Authority area |
|||
| Bedford Hospital National Health Service Trust(9) | Bedford Hospital | Cardiology | ST3 to ST7 |
| Care of the Elderly | ST3 to ST7 | ||
| Endocrinology and Diabetes | ST3 to ST7 | ||
| Respiratory | ST3 to ST7 | ||
| Cambridge University Hospitals NHS Foundation Trust(10) | Addenbrookes Hospital | Adult Intensive Care | F2, CT1, CT2 and ST3 |
| Transplantation | ST3 to ST8 | ||
| Cambridgeshire Primary Care Trust(11) | Hinchingbrooke Hospital | Paediatrics | ST3 to ST8 |
| Hinchingbrooke Health Care National Health Service Trust(12) | Hinchingbrooke Hospital | General Surgery | ST3 to ST7 |
| Ipswich Hospital National Health Service Trust(13) | The Ipswich Hospital | Paediatrics | ST3 to ST8 |
| James Paget University Hospitals NHS Foundation Trust(14) | James Paget University Hospital | Anaesthetics (Obstetrics, Pain, ITU and Theatres) | CT1, CT2, ST3 to ST8 |
| Obstetrics and Gynaecology | ST3 to ST8 | ||
| Paediatrics | ST3 to ST8 – on call | ||
| Norfolk and Norwich University Hospitals NHS Foundation Trust(15) | Norfolk and Norwich University Hospital | Anaesthetics | CT1, CT2 and ST3 |
| Emergency Medicine | ST3 to ST8 – Tier 2 (full shift rota – 24 hour service) | ||
| Trauma and Orthopaedics | CST1 and CST2 – Tier 2 (full shift) | ||
| Papworth Hospital NHS Foundation Trust(16) | Papworth Hospital | Acute Specialties (Chest Medicine) | F2, CT1, CT2, ST3 to ST8 |
| Cardiothoracic Surgery | F2, CT1 and CT2 | ||
| Cardiothoracic Transplant Surgery | ST3 to ST8 | ||
| Peterborough and Stamford Hospitals NHS Foundation Trust(17) | Peterborough District Hospital and Edith Cavell Hospital | Urology | ST3 to ST7 |
| West Hertfordshire Hospitals National Health Service Trust(18) | Hemel Hempstead Hospital | Obstetrics and Gynaecology | ST3 to ST7 |
| St Albans City Hospital | Obstetrics and Gynaecology | ST3 to ST7 | |
| Watford General Hospital | Obstetrics and Gynaecology |
ST3 to ST7 | |
London Strategic Health Authority area |
|||
| Barking, Havering and Redbridge University Hospitals National Health Service Trust(19) | Queen’s Hospital | Ear Nose and Throat | F2, CT1 and CT2 |
| Maxillo Facial | F2, CT1 and CT2 | ||
| Neurosciences (Neurology and Neurosurgery) | F2, ST1 and ST2 | ||
| Great Ormond Street Hospital for Children National Health Service Trust(20) | Great Ormond Street Hospital for Children | Cardiothoracic Surgery | ST4 to ST6 |
| Hillingdon Hospital National Health Service Trust(21) | Hillingdon Hospital | General Surgery (elective and non-elective) including Colorectal, Breast and Vascular | F2, CT1, CT2 and ST3 |
Imperial College Healthcare National Health Service Trust(22) |
Charing Cross Hospital | Neurosurgery | ST3 to ST7 |
| Hammersmith Hospital | Cardiothoracic Surgery | ST3 to ST7 | |
| St Mary’s Hospital | Cardiothoracic Surgery | F2, CT1, CT2, ST3 to ST7 | |
| Kingston Hospital National Health Service Trust(23) | Kingston Hospital | Anaesthesia and Intensive Care, ACCS | CT1, CT2, ST3 to ST7 |
| Whittington Hospital National Health Service Trust(24) | Whittington Hospital | Anaesthetics/ ITU | ST3 to ST7 |
| Obstetrics and Gynaecology | ST3 to ST7 | ||
| Paediatrics | ST4 to ST8 | ||
| Paediatrics – Neonates | ST1 to ST3 | ||
North East Strategic Health Authority area |
|||
| The Newcastle Upon Tyne Hospitals NHS Foundation Trust(25) | Newcastle General Hospital | Anaesthetics | ST3 to ST7 – 1st on call |
| ST3 to ST7 – 2nd on call | |||
| Critical Care (ITU) | ST3 to ST6 | ||
| Paediatrics | F2, ST1 to ST3 – 1st on call | ||
| ST4 to ST8 – 2nd on call | |||
| Paediatrics Intensive Care | ST4 to ST8 | ||
North West Strategic Health Authority area |
|||
| Alder Hey Children’s NHS Foundation Trust(26) | Alder Hey Children’s Hospital | Paediatric Cardiothoracic Surgery | ST3 to ST8, SpR |
| East Lancashire Hospitals National Health Service Trust(27) | Royal Blackburn Hospital | Otorhinolaryngology (ENT) | F2, ST1, ST2, CT1 and CT2 – 1st on call |
| Royal Blackburn Hospital and Burnley General Hospital, Blackburn and Burnley Urgent Care Centres | Emergency Medicine | ST3 to ST7, SpR | |
| Royal Blackburn Hospital and Burnley General Hospital | Trauma and Orthopaedics | F2, ST1 and ST2 – 1st on call | |
| Lancashire Teaching Hospitals NHS Foundation Trust(28) | Royal Preston Hospital | Neurosurgery | F2, CT1 and CT2 – 1st on call |
| ST3 to ST7, SpR – 2nd on call | |||
| North Cumbria University Hospitals National Health Service Trust(29) | Cumberland Infirmary | ENT/ Trauma and Orthopaedics/ OMFS | F2, ST1, ST2, CT1 and CT2 |
| General Medicine and medical specialties | F1 – Acute 1st on call | ||
| F2, CT1 and CT2 – Acute 2nd on call | |||
| ST3 to ST7, SpR – Acute 3rd on call | |||
| General Surgery | F1 – 1st on call | ||
| F2, CT1 and CT2 - 2nd on call | |||
| ST3 to ST7, SpR - 3rd on call | |||
| Obstetrics and Gynaecology | F2, ST1 and ST2 – 1st on call | ||
| Trauma and Orthopaedics | ST3 to ST7, SpR – 2nd on call |
| West Cumberland Hospital | General Medicine and medical specialties | F1 – Acute 1st on call | |
| F2, CT1, CT2, ST3 to ST7, SpR – Acute 2nd on call | |||
| General Surgery | F1 – 1st on call | ||
| F2, CT1 and CT2 – 2nd on call | |||
| Obstetrics and Gynaecology | ST3 to ST7, SpR – 2nd on call | ||
| Paediatrics | F2, ST1 and ST2 – 1st on call | ||
| Trauma and Orthopaedics | ST3 to ST7, SpR – 2nd on call | ||
| Royal Liverpool and Broadgreen University Hospitals National Health Service Trust(30) | Royal Liverpool University Hospital | Renal Transplant Surgery | ST3 to ST7, SpR |
| Trafford Healthcare National Health Service Trust(31) | Trafford General Hospital | Anaesthesia | F2, CT1 and CT2 – 1st on call |
| University Hospitals of Morecambe Bay National Health Service Trust(32) | Furness General Hospital | Paediatrics | F2, ST1 and ST2 |
| Walton Centre for Neurology and Neurosurgery National Health Service Trust(33) | Walton Centre for Neurology and Neurosurgery | Neurosciences | F2, CT1 and CT2 |
| Neurosurgery | ST3 to ST7, SpR | ||
South Central Strategic Health Authority area |
|||
| Buckinghamshire Hospitals National Health Service Trust(34) | Wycombe Hospital and Stoke Mandeville Hospital | Obstetrics and Gynaecology | F2, ST1 to ST7, FTSTA1 and FTSTA2 |
| Paediatrics | ST3 to ST8 | ||
| Milton Keynes Hospital NHS Foundation Trust(35) | Milton Keynes General Hospital | Anaesthetics | ST3 to ST7 |
| Anaesthetics – ITU | FT2, CT1 and CT2 | ||
| Anaesthetics – Theatres | CT2, ST3 to ST7 | ||
| Emergency Medicine | ST3 to ST7 | ||
| General Medicine | ST3 to ST7 | ||
| Paediatrics | F2, ST1 to ST8 | ||
| Surgery | CT1, CT2, ST3 to ST7 | ||
| Trauma and Orthopaedics | F2, CT1, CT2, ST3 to ST8 | ||
| Portsmouth Hospitals National Health Service Trust(36) | Queen Alexandra Hospital | General Paediatrics | ST3 to ST8 |
| Obstetrics and Gynaecology | ST3 to ST7 | ||
| Southampton University Hospitals National Health Service Trust(37) | Princess Anne Hospital | Obstetrics and Gynaecology | ST3 to ST7 |
| Southampton General Hospital | Anaesthetics – Critical Care | F2, CT1, CT2, ST3 to ST7 | |
South East Coast Strategic Health Authority area |
|||
| Brighton and Sussex University Hospitals National Health Service Trust(38) | Royal Sussex County Hospital | Anaesthetics | CT1, CT2, ST3 to ST7 |
| Princess Royal Hospital | Anaesthetics | CT1, CT2, ST3 to ST7 | |
| East Sussex Hospitals National Health Service Trust(39) | Conquest Hospital and Eastbourne District General Hospital | Emergency Medicine | ST4 to ST7 |
| Paediatrics | ST4 to ST8 | ||
| Frimley Park Hospital NHS Foundation Trust(40) | Frimley Park Hospital | Anaesthetics and Intensive Care (obstetric anaesthesia and critical care medicine) | ST3 to ST7 |
| Clinical Haematology | ST3 to ST7 | ||
S.I. 1997/1174. Back [2]
S.I. 1998/1833, amended by S.I. 1999/3372, S.I. 2003/1684 and other instruments not relevant to these Regulations. Back [3]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) with effect from 1st July 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006 (c.41), by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006 (c.43). Back [4]
Established by SI 2006/782. Back [5]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st February 2007. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. Back [6]
Established by S.I. 2000/410, as amended by S.I. 2001/154. Back [7]
Established by S.I. 1999/2921, as amended by S.I. 2003/2150. Back [8]
Established by S.I. 1991/2329. Back [9]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st July 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. Back [10]
Established by S.I. 2006/2072. Back [11]
Established by S.I. 1993/823. Back [12]
Established by S.I. 1992/2566. Back [13]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st August 2006. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. Back [14]
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st May 2008. Back [15]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st July 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. Back [16]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st April 2004. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. Back [17]
Established by S.I. 2000/732. Back [18]
Established by S.I. 2000/1413, as amended by S.I. 2009/43. Back [19]
Established by S.I. 1994/400. Back [20]
Established by S.I. 1990/2418, as amended by S.I. 1999/1769. Back [21]
Established by S.I. 2007/2755. Back [22]
Established by S.I. 1990/2420. Back [23]
Established by S.I. 1992/2510. Back [24]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st June 2006. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. Back [25]
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st August 2008. Back [26]
Established by S.I. 2002/2073. Back [27]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st April 2005. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. Back [28]
Established by S.I. 2001/656, as amended by S.I. 2008/1775. Back [29]
Established by S.I. 1994/3184. Back [30]
Established by S.I. 1994/180. Back [31]
Established by S.I. 1998/816, as amended by S.I. 2005/3493. Back [32]
Established by S.I. 1991/2411, as amended by S.I. 1996/982. Back [33]
Established by S.I. 2002/2419. Back [34]
Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st October 2007. Back [35]
Established by S.I. S.I. 1992/2506, as amended by S.I. 2004/75. Back [36]
Established by S.I. 1992/2509, as amended by S.I. 1999/884. Back [37]
Established by S.I. 1992/2536, as amended by S.I. 2003/866. Back [38]
Established by S.I. 2003/216, as amended by S.I. 2003/1063. Back [39]
Authorised as an NHS foundation trust under section 6 of the Health and Social Care (Community Health and Standards) Act 2003 with effect from 1st April 2005. The authorisation under the 2003 Act has effect as if given under section 35 of the National Health Service Act 2006, by virtue of paragraph 1 of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006. Back [40]
The Working Time (Amendment) Regulations 2009