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The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulation 2009

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Substitution of regulation 13 of the principal Regulations

12.  For regulation 13 of the principal Regulations (appeals in connection with determinations under regulation 12) substitute the following regulation—

Appeals in connection with determinations under regulation 12

13.(1) Save where paragraph (3)(a) applies, where a Local Health Board has determined an application to which regulation 12 applied and regulation 4(2) also applied to that application, the persons who may appeal to the Welsh Ministers are—

(a)the applicant; and

(b)any person who—

(i)was given notice of the application under paragraph (2)(c) or (3)(c) of regulation 12, and

(ii)made representations to the Local Health Board in accordance with regulation 12(4).

(2) Save where paragraph (3)(a) applies, where a Local Health Board has determined an application to which regulation 12 applied and regulation 4(2) also applied to that application, or the Local Health Board has made a decision under regulation 4(10) in relation to that application, the persons who may appeal to the Welsh Ministers are—

(a)the applicant; and

(b)any person who was given notice of the decision in accordance with paragraphs (22)(a)(iv) or (23)(c) of regulation 12.

(3) Where a Local Health Board—

(a)has determined an application mentioned in paragraph (1) or (2) on the grounds mentioned in regulation 12(14)(a);

(b)has refused to consider an application under regulation 12 on the ground that it is not satisfied as mentioned in paragraph (20) of that regulation;

(c)has determined that it should, or should not postpone the making or termination of arrangements under regulation 20, as mentioned in regulation 10(10)(b), 12(17) or 11ZA(6)(b);

(d)has determined that—

(i)the provisional date will be extended under regulation 21A(8),

(ii)the application for outline consent is refused under paragraph (13)(a) of that regulation, or

(iii)outline consent will lapse under paragraph (13)(b) of that regulation.

(e)has determined an application for premises approval for new premises under regulation 21C(1);

(f)has determined an application for premises approval for additional or new premises under regulation 21D(1) or (3);

(g)has determined an application for premises approval in relation to a practice amalgamation under regulation 21E(3);

(h)has refused to grant temporary premises approval under regulation 21D(9) or 21E(4);

(i)has determined whether or not to grant premises approval to relevant premises under regulation 21F,

an appeal to the Welsh Ministers may be made, in accordance with paragraph (5) against that determination, or as the case may be, against that refusal, by any person specified in paragraph (4).

(4) The persons who may make an appeal under paragraph (3) are—

(a)in the case of an appeal mentioned in paragraph 3(a), (c), (f), (g) and (i)—

(i)the applicant,

(ii)any person who—

(aa)provides primary medical services within the area of the Local Health Board (except itself), or any Local Health Board or Primary Care Trust to which a copy of the application was sent in accordance with regulation 12(2)(e), (h) or (i), or

(bb)whose name is included in the pharmaceutical list or dispensing doctor list of the Local Health Board, or any other Local Health Board or Primary Care Trust to which a copy of the application was sent in accordance with regulation 12(2)(e), (h) or (i),

but in the case of a person specified in paragraph (ii), that person may make an appeal only if he or she has made representations pursuant to regulation 12(4) in connection with the application; and

(b)in the case of an appeal mentioned in paragraph (3)(b), (d), (e) and (h), the applicant.

(5) Where in determining any application, a Local Health Board has, pursuant to regulation 12(13), considered that application together with one or more other applications, any of the applicants and any of the persons mentioned, where relevant, in paragraph (1)(b), (2)(b) or (4)(a)(ii), may appeal against the determination of any of the applications, and where the Welsh Ministers receive appeals against two or more of the determinations, those appeals must be considered together.

(6) An appeal must be made in writing within 30 days from the date on which notice of the decision was sent to the appellant and must contain a concise statement of the grounds of appeal upon which the appellant intends to rely.

(7) If the Welsh Ministers, after considering the notice of appeal, are of the opinion that it discloses no reasonable grounds of appeal, or that the appeal is otherwise vexatious or frivolous, they may determine the appeal by dismissing it.

(8) Unless paragraph (7) applies, the Welsh Ministers will send a copy of the notice of appeal to—

(a)the Local Health Board whose determination is appealed against;

(b)the applicant;

(c)those persons mentioned, where relevant, in paragraph (1)(b), (2)(b) or (4)(a)(ii); and

(d)to any Local Medical Committee or Pharmaceutical Committee to which a copy of the application was required to be sent under regulation 12(2) or (3).

(9) Any person to whom a copy of the notice of appeal is sent pursuant to paragraph (8) may, within 30 days from the date the copy was sent to that person, make representations in writing to the Welsh Ministers.

(10) The Welsh Ministers may require an oral hearing of an appeal before they determine it.

(11) The Welsh Ministers will, where they require an oral hearing, appoint one or more persons to hear the appeal who will report to them on it with recommendations as to the relevant findings of fact and their conclusions.

(12) The procedure at any oral hearing will be determined by the person or persons hearing the appeal.

(13) The oral hearing will take place at such time and place as the Welsh Ministers may direct, and notice of the hearing will be sent, not less than 14 days before the date fixed for the hearing to—

(a)the appellant;

(b)the Local Health Board;

(c)the Local Medical Committee;

(d)the Local Pharmaceutical Committee; and

(e)any other person who made representations to the Local Health Board in connection with the application.

(14) The appellant and any of the persons to whom notice of the hearing is required to be sent under paragraph (13) may attend and be heard in person or by counsel, solicitor or other representative, and the Local Health Board may be represented at the hearing by any duly authorised officer or member, or by counsel or solicitor.

(15) On appeal under this regulation, the Welsh Ministers—

(a)may allow the appeal;

(b)may, in a case where the Local Health Board, on determining the application, considered the question whether to impose the making or termination of arrangements under regulation 20 (or equivalent provision under the GMS Regulations) for the provision by a doctor or GMS contractor of pharmaceutical services or dispensing service to patients on the relevant patient list, themselves impose conditions to postpone for such period as they think ft, the making or termination of such arrangements;

(c)must, in a case where that question was not considered by the Local Health Board when it determined the application, remit the question to the Local Health Board for determination;

(d)must, where they allow an appeal against a refusal of the Local Health Board as mentioned in paragraph (3)(b), remit the application to the Local Health Board and direct that regulation 12(19) does not apply; or

(e)may dismiss the appeal.

(16) The decision of the Welsh Ministers will be in writing and will—

(a)include a statement of their reasons for the decision and of their findings of fact; and

(b)as soon as practicable be sent to the persons mentioned in paragraph (13)..

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