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

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.

Citation and commencement

1

These Regulations may be cited as the Working Time (Amendment) (No. 2) Regulations 2009 and shall come into force on 2nd November 2009.

Amendments to regulation 25A of the Working Time Regulations 1998

2

In regulation 25A (doctors in training) of the Working Time Regulations 1998[^f00003]—

• (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”.

Amendments to Schedule 2A to the Working Time Regulations 1998

3

In Schedule 2A (doctors in training) to the Working Time Regulations 1998[^f00004]—

• (a) after the heading “Doctors in training” start a new line and insert the heading “TABLE 1”; and

• (b) at the end add—

Signed

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)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: 1972 c.68; section 2 was amended by section 27 of the Legislative and Regulatory Reform Act 2006.

[^f00002]: S.I. 1997/1174.

[^f00003]: S.I. 1998/1833; regulation 25A and Schedule 2A were inserted by S.I. 2009/1567 and other relevant amendments were made by S.I. 1999/3372 and S.I. 2003/1684.

[^f00004]: Schedule 2A was inserted by S.I. 2009/1567.

[^f00005]: 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 January 2005. 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).

[^f00006]: 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).

[^f00007]: Established by S.I. 1993/2561.

[^f00008]: Established by S.I. 2006/782.

[^f00009]: Established by S.I. 1999/2921, as amended by S.I. 2003/2150.

[^f00010]: 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.

[^f00011]: Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st May 2008.

[^f00012]: 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.

[^f00013]: Established by S.I. 1991/2363, as amended by S.I. 2005/332.

[^f00014]: Established by S.I. 1990/2435, as amended by S.I. 1996/871.

[^f00015]: 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.

[^f00016]: 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.

[^f00017]: Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st December 2007.

[^f00018]: 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.

[^f00019]: Established by S.I. 2001/656, as amended by S.I. 2008/1775.

[^f00020]: Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st October 2008.

[^f00021]: Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st February 2008.

[^f00022]: Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st December 2008.

[^f00023]: Established by S.I. 2002/2419.

[^f00024]: Established by S.I. 2006/2537.

[^f00025]: Established by S.I. 1993/2544, as amended by S.I. 1998/1227 and S.I. 2000/961.

[^f00026]: Established by S.I. 1993/2581, as amended by S.I. 2001/1915.

[^f00027]: Established by S.I. 1998/801.

[^f00028]: Established by S.I. 1992/2536, as amended by S.I. 2003/866 and S.I. 2004/2894.

[^f00029]: Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st March 2009.

[^f00030]: 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.

[^f00031]: Established by S.I. 1990/2442, as amended by S.I. 1996/2860.

[^f00032]: Established by S.I. 1998/651.

[^f00033]: 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.

[^f00034]: Established by S.I. 1993/2551 and S.I. 2009/510.

[^f00035]: Established by S.I. 1992/2559, as amended by S.I. 1993/713 and S.I. 2003/792.

[^f00036]: 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.

[^f00037]: 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.

[^f00038]: Established by S.I. 1999/2675.

[^f00039]: Established by S.I. 1991/2398.

[^f00040]: 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.

[^f00041]: 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 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.

[^f00042]: Authorised as an NHS foundation trust under section 35 of the National Health Service Act 2006 with effect from 1st April 2009.

[^f00043]: Established by S.I. 1974/267, as amended by S.S.I. 2003/217 and S.S.I. 2006/32.

[^f00044]: Established by S.I. 1974/267, as amended by S.S.I. 2003/217 and S.S.I. 2006/32.

[^f00045]: Established by S.I. 1974/267, as amended by S.S.I. 2003/217 and S.S.I. 2006/32.

[^f00046]: Established by S.I. 1974/267, as amended by S.S.I. 2003/217 and S.S.I. 2006/32.

[^f00047]: Established by S.I. 2009/778 (W. 66).