The National Health Service (Pharmaceutical Services) Regulations 2005

Appeals

29.—(1) This regulation shall not apply to any right of appeal specified—

(a) in regulation 6(5) or 7(5);

(b) in regulation 19(6); or

(c) in regulation 30.

(2) Where a Primary Care Trust—

(a) has determined an application to which regulation 6(1), 7(1), 8, 9 and 10 applied; or

(b) made a decision whether or not to amend the premises named in the original application as mentioned in regulation 39(8),

the applicant and any person who has been notified of the decision under regulation 27(1)(a)(ii) or (iii) or regulation 27(3)(c) or (d) may appeal to the Secretary of State.

(3) Where a Primary Care Trust has determined an application to which regulation 12 applied, or would apply but for an exemption under regulation 13, the persons who may appeal to the Secretary of State are—

(a) the applicant; and

(b) except in the case of an application to which regulation 13(1) applies, any person who—

(i) was given notice of the application under regulation 23(2)(c) or (d) or regulation 23(3)(c) or (d), and

(ii) made representations to the Primary Care Trust in accordance with regulation 23(2) or (3).

(4) Where a Primary Care Trust refuses to allow an extension to the period within which an applicant is to notify the Primary Care Trust that he will commence provision of the services, as mentioned in regulation 39(2), the applicant may appeal to the Secretary of State.

(5) Where a Primary Care Trust has notified an applicant that he is required to commence provision of the services, as mentioned in regulation 39(3), the applicant may appeal to the Secretary of State.

(6) Any appeal under this regulation shall be made by sending to the Secretary of State a notice of appeal in writing—

(a) within 30 days from the date on which the Primary Care Trust sent its decision to the appellant; or

(b) in the case of an appeal against a determination to which regulation 6, 7, 8, 9 and 10 applied, or a decision pursuant to regulation 39(8), such longer period as the Secretary of State may for reasonable cause allow.

(7) Where in determining an application, a Primary Care Trust has, pursuant to regulation 24(7), considered that application together with one or more other applications, any of the applicants and any of the persons mentioned in paragraph (2) or (3) may appeal against the determination of any of the applications, and where the Secretary of State receives appeals against two or more of the determinations, those appeals shall be considered together.

(8) The Secretary of State may consider together two or more appeals against a Primary Care Trust provided that those appeals relate to an application within the same neighbourhood which fell to be granted under regulation 6(1), 7(1) or 8(1).

(9) Any notice of appeal made under this regulation shall contain a concise statement of the grounds of appeal.

(10) If the Secretary of State, after considering the notice of appeal, is of the opinion that it discloses no reasonable grounds of appeal, or that the appeal is otherwise vexatious or frivolous, he may determine the appeal by dismissing it.

(11) Unless paragraph (10) applies, the Secretary of State shall send a copy of the notice of appeal to the Primary Care Trust whose determination is appealed against and—

(a) in the case of an appeal to which paragraph (2) or (4) relates, to the persons mentioned in regulation 27(1)(a);

(b) in the case of an appeal to which paragraph (3) relates, to the persons mentioned in regulation 27(1)(b); or

(c) in the case of an appeal to which regulation 9(1) or (3) or 54(24) relates, to the applicant and to the suspended chemist.

(12) Any person to whom a copy of the notice of appeal is sent pursuant to paragraph (11) may, within 30 days from the date on which the notice was sent to him, make representations in writing to the Secretary of State on appeal.

(13) The Secretary of State may require an oral hearing before he determines the appeal.

(14) The Secretary of State shall, where he requires an oral hearing, appoint one or more persons to hear the appeal and to report to him on it.

(15) The procedure of any oral hearing shall be determined by the person or persons hearing the appeal.

(16) An oral hearing shall take place at such time and place as the Secretary of State may direct, and notice of the hearing shall be sent, not less than 14 days before the date fixed for the hearing, to the appellant and to any person to whom a copy of the notice of appeal was sent under paragraph (11).

(17) The appellant and any person to whom a notice of the hearing is sent under paragraph (16) may attend the hearing and be heard in person or by counsel, solicitor or other representative, and the Primary Care Trust may be represented at the hearing by any duly authorised officer or member, or by counsel or solicitor.

(18) On determining an appeal under this regulation, the Secretary of State shall either—

(a) allow the appeal;

(b) may, in a case where the Primary Care Trust, on determining the application, considered the question whether to impose conditions to postpone the making or termination of arrangements under regulation 60 (or equivalent provision under the GMS Regulations or PMS Regulations) for the provision by a doctor or GMS contractor or PMS contractor of pharmaceutical services or dispensing services to patients on the relevant patient list, himself impose conditions to postpone for such period as he thinks fit, the making or termination of such arrangements;

(c) shall, in a case where that question was not considered by the Primary Care Trust when it determined the application, remit the question to the Primary Care Trust for determination;

(d) confirm the decision of the Primary Care Trust; or

(e) where paragraph (5) applies, specify a date for the commencement of pharmaceutical services by the appellant.

(19) The Secretary of State shall, as soon as practicable, send to the appellant and to any person to whom a copy of the notice of appeal was sent pursuant to paragraph (11) and who made representations under paragraph (12), notice in writing of his decision on the appeal and shall include in the notice a statement of his reasons for the decision and of his findings of fact.