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The National Health Service (Pharmaceutical Services) Regulations 2005

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Appeals against imposition of conditions and related decisions

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30.—(1) An applicant (or a person whose application has been granted subject to conditions, as the case may be) may appeal to the FHSAA against any decision of the Primary Care Trust to impose conditions, or any particular condition, on him in accordance with regulation 21(2); and the appeal shall be by way of redetermination of the Primary Care Trust’s decision.

(2) An appeal under this regulation must be made within 28 days of the notification of the decision being appealed against.

(3) On appeal the FHSAA may make any decision which the Primary Care Trust could have made, and shall notify the appellant and the Primary Care Trust in writing as soon as is practicable of the decision.

(4) Where the decision of the FHSAA on appeal is that conditions be imposed on the appellant, whether or not those conditions are identical with the conditions imposed by the Primary Care Trust, the Primary Care Trust shall require the appellant to notify it, within 28 days of the date of the notification to him under paragraph (3), as to whether he agrees to the imposition of the conditions.

(5) Where no notification is received from the appellant in accordance with paragraph (4), or the appellant notifies the Primary Care Trust that he does not agree to the imposition of the conditions, the Primary Care Trust shall deem him to have withdrawn his application and shall remove his name from its pharmaceutical list if his name was included pursuant to regulation 21(8).

(6) Subject to regulation 21(8), any decision of the Primary Care Trust that may be the subject of an appeal under this regulation shall not have effect until the FHSAA has determined any appeal against it or any time for appeal has expired.

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