National Health Service (Wales) Act 2006

84 Regulations under section 83: appeals, etc E+W

(1) Regulations under section 83 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 83(6)(g) provide that a Local Health Board may refuse to grant an application [F1 on grounds corresponding to the conditions referred to in section 107(2), (3) or (4) as read with section 109], they must also provide for an appealF2 ... to the [F3 First-tier Tribunal] against the decision of the Local Health Board.

(3) Regulations under section 83 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 83(2)(c) should be granted or an appeal against such a decision brought by virtue of subsection (1) of this section should be allowed.

[F4 (4) If regulations made under section 83 include provision for a Local Health Board to remove a person or an entry in respect of premises from a pharmaceutical list, the regulations must also make provision —

(a) requiring the Local Health Board to give notice of its intention to remove the person or entry (including provision requiring the notice to give reasons for the intended removal);

(b) about making representations.]

Textual Amendments

F1 Words in s. 84(2) inserted (1.4.2019) by Public Health (Wales) Act 2017 (anaw 2), ss. 112(10)(a), 126(2); S.I. 2019/829, art. 2

F2 Words in s. 84(2) omitted (1.4.2019) by virtue of Public Health (Wales) Act 2017 (anaw 2), ss. 112(10)(b), 126(2); S.I. 2019/829, art. 2

F3 Words in s. 84(2) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 131

F4 S. 84(4) inserted (1.4.2019) by Public Health (Wales) Act 2017 (anaw 2), ss. 112(11), 126(2); S.I. 2019/829, art. 2