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The National Health Service (Service Committees and Tribunal) Regulations 1992

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Appeals to Secretary of State as to representations

27.—(1) A respondent wishing to appeal under section 46(3) of the Act against a decision of the Tribunal under section 46(2) shall, within 30 days of being sent the notice under regulation 26(5), give to the Secretary of State notice of appeal in writing which shall contain a statement of the grounds of appeal on which he intends to rely.

(2) There shall be an oral hearing of the appeal, and the Secretary of State shall appoint—

(a)a person to hear the appeal and report to him on it; and

(b)in accordance with paragraph (3), a person to assist the person appointed under sub-paragraph (a) of this paragraph.

(3) The person appointed under paragraph (2)(b) shall be—

(a)where the appellant is a doctor, a doctor selected from the doctors' panel;

(b)where the appellant is a dentist, a dentist selected from the dentists' panel;

(c)where the appellant is an ophthalmic medical practitioner, an ophthalmic medical practitioner;

(d)where the appellant is an optician, an optician;

(e)where the appellant is a chemist, a registered pharmacist.

(4) The provisions of Schedule 9 shall apply with respect to the hearing of an appeal.

(5) An appeal may, at any time before the date appointed for the hearing, be withdrawn by the appellant giving notice in writing of withdrawal to the Secretary of State; and where an appeal is withdrawn the Secretary of State shall forthwith confirm the Tribunal’s direction.

(6) The Secretary of State shall—

(a)consider the report of the person hearing the appeal;

(b)make a decision on the appeal; and

(c)give notice in writing of that decision to the appellant, the Tribunal, the complainant and any FHSA which appears to him to be concerned.

(7) The notice given under paragraph (6)(c) shall include—

(a)a statement of the Secretary of State’s reasons for his decision; and

(b)where the person hearing the appeal has made an order as to costs, details of that order.

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