Misconceived appeals
This section has no associated Explanatory Memorandum
2. If the Secretary of State, after considering a valid notice of appeal under regulation 45, 63 or 77, or paragraph 30, 32(5) or 36 of Schedule 2 against a decision, is of the opinion that the notice—
(a)contains no valid grounds of appeal (for example, because it amounts to a challenge to the legality or reasonableness of a HWB’s or Primary Care Trust’s pharmaceutical needs assessment, or to the fairness of the process by which the HWB or a Primary Care Trust undertook that assessment); or
(b)contains no reasonable grounds for appeal (for example, where it is vexatious or frivolous),
the Secretary of State may determine the appeal by dismissing it (without proceeding to notify the appeal under Part 2).