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The National Health Service (Pharmaceutical Services) Regulations 2012

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Appeals against decisions under Part 7

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45.—(1) A person with appeal rights (as provided for in this regulation) may appeal to the Secretary of State against the following decisions by a Primary Care Trust—

(a)a determination of whether or not an area is or is part of a controlled locality as mentioned in regulation 36(2), in respect of which the only people with appeal rights are—

(i)a person, as mentioned in regulation 38(4), who is making a routine application to which the determination relates, and

(ii)a person given notice of the determination who is mentioned in regulation 39(2)(b)(iii);

(b)a decision under regulation 37(3) that an application by a Local Pharmaceutical Committee or Local Medical Committee raises a question that it cannot consider by virtue of regulation 36(3), in respect of which only the Committee making the application to which the decision relates is a person with appeal rights;

(c)a determination as to whether or not a relevant location is in a reserved location under regulation 41(2), in respect of which the only people with appeal rights are—

(i)the person making the application to which the determination relates, and

(ii)a person given notice of the determination who is mentioned in regulation 43(1)(b)(ii); and

(d)a determination under regulation 42(1), in respect of which the only people with appeal rights are—

(i)the person making the application to which the determination relates, and

(ii)a person given notice of the determination who is mentioned in regulation 43(1)(b)(ii),

provided that, within 30 days of the date on which they were notified of the decision that is being appealed, they notify the Secretary of State with a valid notice of appeal.

(2) A notice of appeal under paragraph (1) is only valid if it includes a concise and reasoned statement of the grounds of appeal.

(3) Schedule 3 has effect in relation to appeals to the Secretary of State against decisions under this Part (as it does in relation to appeals against decisions under Parts 2 to 5, 8, 10 and 12 and Schedule 2).

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