The National Health Service (Pharmaceutical Services) Regulations 1992

Appeals relating to rurality of an area

10.—(1) Where an FHSA—

(a) has determined, pursuant to regulation 9, that an area is, or is not, rural in character;

(b) has refused to consider that question on the ground that it is not satisfied as mentioned in paragraph (12) of that regulation; or

(c) has determined that it should, or should not, postpone the making or determination of arrangements, as mentioned in paragraph (7) of that regulation,

the Local Medical Committee or the Local Pharmaceutical Committee may appeal to the Secretary of State against any such determination or, as the case may be, refusal, by giving notice of appeal in accordance with paragraph (2).

(2) Any notice of appeal under paragraph (1) shall be sent to the Secretary of State, within 30 days of the date on which the decision of the FHSA was sent to the Local Medical Committee or the Local Pharmaceutical Committee making the appeal, and shall contain a concise statement of the grounds of appeal.

(3) The Secretary of State shall, on receipt of any notice of appeal under this regulation, send copies thereof to the FHSA and to all the persons to whom it has given notice of its determination under regulation 9(13).

(4) The FHSA and the persons to whom the notice of appeal was sent under paragraph (3) may, within 30 days from the date on which the Secretary of State sent copies to them of the notice of appeal under this regulation, make representations in writing to him on the appeal.

(5) The Secretary of State may require an oral hearing before he determines an appeal under this regulation.

(6) The Secretary of State shall, where he requires an oral hearing, appoint one or more persons to hear the appeal and to report to him on it.

(7) The procedure at any oral hearing shall be determined by the person or persons hearing the appeal.

(8) An oral hearing shall take place at such time and place as the Secretary of State may direct, and notice of the hearing shall be sent, not less than 14 days before the date fixed for the hearing, to the appellant and to any person to whom a copy of the notice of appeal was sent under paragraph (3).

(9) The appellant and any person to whom a notice of the hearing is sent under paragraph (8) may attend the hearing and be heard in person or by counsel, solicitor or other representative, and the FHSA may be represented at the hearing by any duly authorised officer or member, or by counsel or solicitor.

(10) On determining an appeal under this regulation, the Secretary of State—

(a) shall, where he allows an appeal against a refusal mentioned in paragraph (1)(b), also determine the question whether or not the relevant area is rural in character;

(b) may, in a case where the FHSA, on determining the application, considered the question whether to postpone the making or termination of arrangements under regulation 20 for the provision by a doctor of pharmaceutical services to his patients, himself postpone, for such a period as he thinks fit, the making or termination of such arrangements;

(c) shall, in a case where that question was not considered by the FHSA when it determined the application, remit the question to the FHSA for determination.

(11) The Secretary of State shall, upon the determination by him of an appeal under this regulation, give notice of the decision in writing, together with his reasons for it, to all the persons to whom the notice of appeal was sent under paragraph (3).