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15.—(1) In regulation 13 (Appeal to the Department) for paragraph (1) substitute—
“13.—(1) A person may appeal for a re-determination by the Department where the person’s application for inclusion in a primary medical services performers list is refused under regulation 7.”.
(2) after paragraph (1) insert the following—
“(1A) A person may appeal for a re-determination by the Department of a determination of a Board—
(a)to remove the person from the primary medical services performers list pursuant to regulations 8A(2), 10(1) or 10A(3)(c);
(b)to impose a particular condition under regulation 8A, or to vary any condition or impose a different condition under that regulation;
(c)on a review, under regulation 12B of a conditional inclusion under regulation 8A;
(d)to impose a particular condition under regulation 10A, or to vary any condition, or to impose a different condition under that regulation; or
(e)on a review under regulation 12B, of a contingent removal under regulation 10A.”
(3) after paragraph (11) insert—
“(12) Where the decision of the Department on appeal is that the performer’s inclusion or continued inclusion in the primary medical services performers list is to be subject to conditions, whether or not those conditions are identical to the conditions imposed by the Board, the Board shall ask the performer to notify it within 28 days of the decision (or such longer period as the Board may agree) whether he wishes to be included in the primary medical services performers list subject to those conditions.
(13) If the performer notifies the Board that he does wish to be included in its performers list subject to the conditions, it shall so include him.”.
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