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1.—(1) If the Secretary of State has received a notification under paragraph 30(6) of Schedule 2 from a person (P1), the Secretary of State must determine (prior to a notification under Part 2 or a determination under paragraph 2) whether P1 is to have third party appeal rights on the basis that—
(a)P1 is a person to whom paragraph 30(3)(a) and (b) of Schedule 2 applies; and
(b)in relation to P1, the Primary Care Trust (PCT1) should have been satisfied as mentioned in paragraph 30(3)(c) of Schedule 2.
(2) If the Secretary of State has received a notification under regulation 63(5) from a person (P2), the Secretary of State must determine (prior to a notification under Part 2 or a determination under paragraph 2) whether P2 is to have third party appeal rights on the basis that—
(a)P2 is a person to whom regulation 63(3)(a) and (b) applies; and
(b)in relation to P2, the Primary Care Trust (PCT2) should have been satisfied as mentioned in regulation 63(3)(c).
(3) Once the Secretary of State has made a determination under paragraph (1) or (2), the Secretary of State must notify P1 and PCT1, or P2 and PCT2, of that determination and the reasons for it.
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