PART 2TRANSTIONAL PROVISIONS RELATING TO GENERAL MEDICAL SERVICES
Determination of question whether a substance is a drug35.
(1)
Where, on 31st March 2004, a Board had, under regulation 40(7) of the 1997 Regulations, informed a medical practitioner of its decision that a substance ordered by him was not a drug but –
(a)
the medical practitioner had not given notice of appeal under paragraph (8) of that regulation; and
(b)
the time for appealing in that paragraph had not yet expired,
the time for appealing shall continue as if regulation 40 of the 1997 Regulations were still in operation.
(2)
Where –
(a)
on 31st March 2004, a medical practitioner had given notice of appeal against a decision of a Board under regulation 40 of the 1997 Regulations but that appeal had not been determined or withdrawn; or
(b)
a medical practitioner has given notice of such an appeal after 31st March 2004, pursuant to paragraph (1),
that appeal shall continue to be dealt with as if regulation 40 of the 1997 Regulations were still in operation.