National Health Service Act 2006

130 Regulations under section 129: appeals, etc E+W

(1) Regulations under section 129 must include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of that section.

(2) If regulations made by virtue of section 129(6)(g) provide that a Primary Care Trust may refuse to grant an application [F1 on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153], they must also provide for an appeal [F2 (by way of redetermination)] to the [F3 First-tier Tribunal] against the decision of the Primary Care Trust.

(3) Regulations under section 129 must be so framed as to preclude—

(a) a person included in a pharmaceutical list, and

(b) an employee of such a person,

from taking part in the decision whether an application such as is mentioned in section 129(2)(c) should be granted or an appeal against such a decision brought by virtue of subsection (1) of this section should be allowed.

Textual Amendments

F1 Words in s. 130(2) inserted (27.3.2012 for specified purposes, 1.7.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 207(10)(a), 306(1)(d)(4); S.I. 2012/1319, art. 2(3)

F2 Words in s. 130(2) omitted (27.3.2012 for specified purposes, 1.7.2012 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 207(10)(b), 306(1)(d)(4); S.I. 2012/1319, art. 2(3)

F3 Words in s. 130(2) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 111 (with Sch. 5)