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The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995

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Appeals

4.—(1) Subject to sub-paragraph (2) the applicant or any person mentioned in paragraph 1, except the local health council, may appeal against the decision of the Board on the application, and notice of any such appeal given to the Board within 21 days from the date on which notification of the Board’s decision was sent to him.

(2) Any person mentioned in paragraph 1 who was notified of an application under that paragraph but made no written representations to the Board about it shall not be entitled to appeal against a decision of the Board in relation to that application.

(3) Any notice of appeal under this paragraph shall contain a concise statement of the facts and contentions upon which the appellant intends to rely.

(4) The Board shall refer a notice of appeal under this paragraph to the chairman of the National Appeal Panel appointed in accordance with Schedule 4.

(5) If the chairman, after considering the notice of appeal, is of the opinion that the notice discloses no reasonable grounds of appeal, or that the appeal is otherwise frivolous or vexatious, he may determine the appeal by dismissing it forthwith, in which case he shall inform the Board accordingly. The chairman’s decision in such cases shall be final.

(6) In any other case the National Appeal Panel shall be convened in accordance with Schedule 4 and the said Panel shall thereafter determine the appeal.

(7) The Council on Tribunals or the Scottish Committee thereof shall be given 14 days notice of any Panel hearing, and a member of the Council or its Scottish Committee shall be entitled to be present at any such hearing.

(8) The appellant, applicant and any person mentioned in paragraph 1(1)(c), except the local health council, who made written representation to the Board about the application shall be permitted to be assisted in making representations at any Panel hearing by some other person, but that other person shall not appear in the capacity of counsel, solicitor or paid advocate, nor shall he be entitled to speak on behalf of the person being assisted.

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