PART II PROVISIONS RELATING TO INVESTIGATIONS, DISPUTES, APPEALS, ETC.

10 Appeal to the Secretary of State
1 An appeal may be made to the Secretary of State—
(a) by any party to an investigation, against a determination of an FHSA under regulation 9(1)(c) which is adverse to that party;
(b) by a practitioner against any determination by an FHSA under regulation 9(1)(d) to take action in accordance with any one or more of paragraphs (3), (5)(a) and (b) and (7)(b) of regulation 9;
(c) in respect of any determination by an FHSA that an overpayment has or has not been made in respect of a person’s remuneration, by—
(i) that person, or
(ii) the FHSA referred to in regulation 8(1)(b);
(d) by a complainant who has asserted to an FHSA that, by reason of a practitioner’s failure to comply with his terms of service, he has incurred or is likely to incur expenses in circumstances mentioned in regulation 9(5)(a) or (7)(b), against a determination by the FHSA under regulation 9(1)(d) which is adverse to him in that respect,
by giving notice of appeal in accordance with paragraph (2).
2 A notice of an appeal under this regulation shall be sent in writing to the Secretary of State within 30 days beginning on the date on which notice of the FHSA’s decision was sent to the appellant under regulation 9(9), and shall contain a concise statement of the grounds of appeal upon which the appellant intends to rely.
3 Subject to paragraph (6), on an appeal to which paragraph (1)(a) or (c) applies, the Secretary of State shall inquire into the whole of the complaint or reference, on the basis of such evidence as was available to the appropriate committee and of such further evidence as shall have been adduced on the appeal, and shall—
(a) make such findings of fact as he sees fit; and
(b) draw such inferences from those findings as he sees fit; and
(c) in the case of an appeal to which paragraph (1)(a) applies—
(i) determine whether or not the practitioner has failed to comply with any one or more of his terms of service, and
(ii) determine in accordance with any one or more of regulations 9(3), (4), (5)(a) and (e), (7) and (8) (as modified in accordance with paragraph (5) of this regulation), 13 and 14 whether any, and if so what, action should be taken in relation to that practitioner; or
(d) in the case of an appeal to which paragraph (1)(c) applies, determine whether there has been an overpayment and, if so, of what amount.
4 On an appeal to which paragraph (1)(b) or (d) applies, the Secretary of State shall—
(a) accept as conclusive—
(i) those findings of fact made by the appropriate committee which were necessary for the purpose of the FHSA’s determination under regulation 9(1)(c),
(ii) the inferences drawn by the FHSA under regulation 9(1)(b), and
(iii) any determination made by the FHSA under regulation 9(1)(c) in relation to any failure mentioned in that provision; and
(b) determine—
(i) in the case of an appeal to which paragraph (1)(b) applies, in accordance with any one or more of regulations 9(3), (4), (5)(a) and (e), (7) and (8) (as modified in accordance with paragraph (5) of this regulation), 13 and 14, the action to be taken in relation to the practitioner,
(ii) in the case of an appeal to which paragraph (1)(d) above applies, whether an amount should be recovered and paid as mentioned in regulation 9(5)(a) or (7)(b), and if so, what amount, or
(iii) in either case, that no further action should be taken in relation to the report of the appropriate committee.
5 For the purposes of paragraphs (3)(c)(ii) and (4)(b)(i) of this regulation, paragraphs (3), (4), (5)(a) and (e), (7) and (8) of regulation 9 shall have effect as if for any reference to “the FHSA” there were substituted a reference to “the Secretary of State”.
6 Any appellant may withdraw his appeal, at any time before it is determined—
(a) by giving written notice to the Secretary of State of his intention to do so, and
(b) with the consent of the Secretary of State.