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The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004

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The Family Health Services Appeal Authority (Procedure) Rules 2001

25.—(1) The Family Health Services Appeal Authority (Procedure) Rules 2001(1) shall be amended as provided in this paragraph.

(2) In rule 2(1) (interpretation)—

(a)in the definition of “contingent removal decision”, after “1977 Act”, insert “or under regulations making provision corresponding to section 49M pursuant to section 28X(4) of that Act”(2); and

(b)in the definition of “FHS Regulations”—

(i)before paragraph (a), insert—

(aa)section 28S and 126(4) of the 1977 Act (persons eligible to enter into GMS contracts),

(ab)section 28X of the 1977 Act (persons performing primary medical and dental services),,

(ii)omit “or” at the end of paragraph (i),

(iii)insert “or” at the end of paragraph (j),

(iv)at the end, add—

(k)section 200 of the Health and Social Care (Community Health and Standards) Act 2003 (transitional or transitory provision and savings);.

(3) In rule 2(2)(a)—

(a)at the end of paragraph (i), after “of the 1977 Act”, insert “or under regulations making provision corresponding to section 49I, pursuant to section 28X(4) of that Act”; and

(b)at the end of paragraph (iii), after “of the 1977 Act”, insert “or under regulations making provision corresponding to section 49M, pursuant to section 28X(4) of that Act”.

(4) In rule 15(1) (applications in respect of contingent removal decisions), after “of the 1977 Act”, insert “or under regulations making provision corresponding to section 49M, pursuant to section 28X(4) of that Act”.

(5) At the end of rule 46(b) (publication of certain decisions by FHSAA), after “of the 1977 Act”, add “or under regulations making provision corresponding to section 49M, pursuant to section 28X(4) of that Act”.

(1)

S.I. 2001/3750; relevant amendments are S.I. 2002/1921 and 2469.

(2)

Section 28X was inserted by section 179(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”).

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