SCHEDULE 2U.K.Applications in respect of pharmaceutical lists and the procedures to be followed

PART 5U.K.Notification, taking effect of decisions and rights of appeal to the Secretary of State

[F1Taking effect of decisions relating to business consolidationsU.K.

34A.—(1) This paragraph applies as regards a consolidation application that is granted, in relation to the person who is—

(a)P1 for the purposes of regulation 26A (P1), if regulation 26A(3) applied to that application; or

(b)P2 for the purposes of regulation 26A (P2), if regulation 26A(4) applied to that application.

(2) [F2NHS England] may only change a pharmaceutical list to give effect to that decision if P1 or P2 gives [F2NHS England] a valid notice of consolidation, in the correct form, informing [F2NHS England] of the date on which the consolidation is to take effect in the next 14 days.

(3) A notice of consolidation under this paragraph is in the correct form if it—

(a)includes the information required under paragraph 29A; and

(b)is in the same format as the version of the notice sent by [F2NHS England] with the notice of decision under paragraph 28.

(4) A notice of consolidation is invalid unless it is sent to [F2NHS England] within—

(a)6 months of the date on which the applicant was sent the notice of [F2NHS England’s] decision under paragraph 28 granting the application;

(b)such longer period—

(i)not exceeding a further 3 months as [F2NHS England] may allow, or

(ii)if—

(aa)the grant is appealed by a person with third party appeal rights, or

(bb)P1 or P2 appeals successfully against a decision not to allow a longer period under paragraph (i),

as the Secretary of State may allow when the appeal is determined,

(5) A notice of consolidation ceases to have effect if the Secretary of State receives a valid notice of appeal from a person with third party appeal rights relating to the grant to which the notice of consolidation relates.

(6) Once, having regard to sub-paragraph (4), a valid notice of consolidation can no longer be sent in relation to the grant of a consolidation application, the grant of that application lapses.]

Textual Amendments