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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 349
- SCHEDULE 3
- PART 3
- Paragraph 7
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Flexibility with regard to the manner of determining appealsU.K.
This section has no associated Explanatory Memorandum
7.—(1) Except in so far as these Regulations provide to the contrary, the Secretary of State is to determine the appeal to which a valid notice of appeal under regulation 45, 63 or 77, or under paragraph 30, 32(5) or 36 of Schedule 2, relates in such manner (including with regard to procedures) as the Secretary of State sees fit.
(2) The Secretary of State may determine the appeal without hearing any oral representations, if the Secretary of State considers that oral representations are unnecessary.
(3) Where appropriate, the Secretary of State may, if the Secretary of State thinks fit, consider 2 or more appeals together and in relation to each other, but where the Secretary of State does so, the Secretary of State must give notice of the Secretary of State's intention to do so to—
(a)the NHSCB;
(b)the appellants; and
(c)any other person notified in relation to the appeals under Part 2.
[F1(4) Where an application for inclusion in a pharmaceutical list has been updated in accordance with paragraph 5A of Schedule 2, the Secretary of State may, on an application from NHS England, defer the Secretary of State’s decision in relation to the application on any ground that NHS England could have relied on for deferring the application pursuant to regulation 34 until—
(a)the reason for the deferral no longer exists; or
(b)the outcome of the cause of the deferral is known and NHS England has—
(i)decided, in the light of that outcome, whether or not to redetermine the application, and
(ii)redetermined the application, if it is to be redetermined.
(5) Where NHS England redetermines an application in accordance with paragraph 5A(2) of Schedule 2 and refuses it, the Secretary of State may direct that the proceedings relating to the appeal are to be brought to an end without a determination of the matter under paragraph 9.]
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