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 NHSCB 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 NHSCB 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 the NHSCB and P1 or P2 of that determination and the reasons for it.
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).