The General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004

Appeals under section 23(2A)(c) of the 1978 Act

9.—(1) Where–

(a) before 1st April 2004, a Health Board has decided not to select an applicant (“the unsuccessful applicant”) for a vacancy–

(i) under regulation 11(4) of the 1995 Regulations(1); or

(ii) following the reconsideration of the application by the Health Board after an appeal under section 23(2A)(c) (distribution of general medical services) of the 1978 Act(2) has been allowed; but

(b) it has not, by that date, notified that applicant in writing of its decision in accordance with regulation 11(6) of those Regulations,

it shall so notify that applicant within seven days from that date and any right of appeal which the applicant would have had under section 23(2A)(c) of the 1978 Act and, if that appeal is successful, any right to have the application reconsidered by the Health Board in terms of that section and under regulation 17(10) of the 1995 Regulations(3) shall continue as if that section had not been repealed and as if regulations 11 and 17 of the 1995 Regulations had not been revoked.

(2) Where–

(a) before 1st April 2004, a Health Board has decided not to select an applicant (“the unsuccessful applicant”) for a vacancy–

(i) under regulation 11(4) of the 1995 Regulations; or

(ii) following the reconsideration of the application by the Health Board after an appeal under section 23(2A)(c) of the 1978 Act has been allowed;

(b) the unsuccessful applicant is notified of that fact–

(i) before that date under regulation 11(6) of those Regulations; or

(ii) on or after that date under paragraph (1); and

(c) the unsuccessful applicant has (or, under paragraph (1), is deemed to have) a right of appeal under section 23(2A)(c) of the 1978 Act and the time for appealing under regulation 17 of the 1995 Regulations has not yet expired,

the time for appealing shall continue as if that section had not been repealed and as if regulation 17 of the 1995 Regulations had not been revoked.

(3) Where an unsuccessful applicant–

(a) has, before 1st April 2004, given notice to the Scottish Ministers under regulation 17 of the 1995 Regulations of an appeal under section 23(2A)(c) of the 1978 Act but that appeal has not been determined by that date; or

(b) has given notice of such an appeal after 31st March 2004 pursuant to paragraph (2),

then, that appeal, and, if successful, any right to have the application reconsidered by the Health Board in terms of that section and under regulation 17(10) of those Regulations shall continue as if that section had not been repealed and as if regulations 11 and 17 of those Regulations had not been revoked.

(1)

Regulation 11 was amended by S.S.I. 1999/54.

(2)

Section 23(2A) was inserted by the National Health Service and Community Care Act 1990 (c. 19), section 30 and is repealed from 1st April 2004 by the Primary Medical Services (Scotland) Act 2004, schedule, paragraph 1(7).

(3)

Regulation 17 was amended by S.S.I 1999/54.