[F1Determinations and new and existing practices
21C.—(1) The Justifying Authority may, and on the application of any other person must, determine whether a particular imaging practice belongs to a new or existing class or type of practice.
(2) A person must not carry out a particular imaging practice that is new unless paragraph (5) applies.
(3) A particular imaging practice is “new” for the purpose of this regulation if—
(a)it was not carried out in the United Kingdom before 6th February 2018; or
(b)it was carried out in the United Kingdom before 6th February 2018 but in breach of a requirement not to carry out a practice in the relevant class or type until that class or type had been found to be justified,
and in either case the Justifying Authority has not made a positive determination in respect of that particular imaging practice.
(4) A determination made by the Justifying Authority under paragraph (1) is “positive” in relation to a particular imaging practice unless—
(a)the Justifying Authority determines that the particular imaging practice belongs to a new class or type of practice;
(b)the Justifying Authority determines that the particular imaging practice belongs to an existing class or type of practice and it has been determined in the most recent justification decision applicable to that class or type of practice that it is not justified;
(c)the determination is not the most recent determination made under paragraph (1) that is applicable to that particular imaging practice;
(d)the determination does not apply to the part of the United Kingdom in which it is proposed that that particular imaging practice be carried out.
(5) Subject to regulation 5(3)—
(a)a person may carry out a particular imaging practice that is new for a period of six months beginning on 18th April 2018, if that person first carried out the particular imaging practice before 18th April 2018;
(b)that person may continue to carry out that imaging practice after the expiry of that period—
(i)if that person has, within that period, applied for a determination under paragraph (1); and
(ii)until that determination has been made.]
Textual Amendments