PART II PROVISION OF PHARMACEUTICAL SERVICES BY CHEMISTS

13 Appeals in connection with determinations under regulation 12
1 Where an FHSA—
(a) has determined an application under regulation 12;
(b) has refused to consider an application under that regulation on the ground that it is not satisfied as mentioned in paragraph (18) of that regulation;
(c) has determined that it should, or should not, postpone the making or termination of arrangements under regulation 20, as mentioned in regulation 12(15); or
(d) has refused to consider an application for preliminary consent under regulation 14(1) on the ground that it is not satisfied as mentioned in regulation 14(4),
an appeal to the Secretary of State may be made, in accordance with paragraph (4), against that determination or, as the case may be, against that refusal, by any person specified in paragraph (2).
2 The persons who may make an appeal under this regulation are—
(a) in the case of an appeal against a determination under regulation 12, the applicant or any person whose name is included in the medical list or a pharmaceutical list of—
(i) the FHSA, or
(ii) any other FHSA to which a copy of the application was sent under regulation 12(1)(d),
and who submitted evidence pursuant to paragraph (3) of that regulation in connection with the application; and
(b) in the case of an appeal against a refusal mentioned in paragraph (1)(b), the applicant.
3 Where, in determining any application, an FHSA has, pursuant to regulation 12(12), considered that application together with one or more other applications, any of the applicants and any of the persons mentioned in paragraph (2)(a) may appeal against the determination of any of the applications, and where the Secretary of State receives appeals against two or more of the determinations, those appeals shall be considered together.
4 An appeal shall be made in writing within 30 days from the date on which notice of the decision was sent to the appellant and shall contain a concise statement of the grounds of appeal upon which the appellant intends to rely.
5 If the Secretary of State, after considering the notice of appeal, is of the opinion that it discloses no reasonable grounds of appeal or that the appeal is otherwise vexatious or frivolous, he may determine the appeal by dismissing it.
6 Unless paragraph (5) applies, the Secretary of State shall send a copy of the notice of appeal to the FHSA whose determination is appealed against and to those persons mentioned in paragraph (2)(a).
7 Any person to whom a copy of the notice of appeal is sent pursuant to paragraph (6) may, within 30 days from the date the copy was sent to him, make representations in writing on the appeal to the Secretary of State.
8 The Secretary of State may require an oral hearing of an appeal before he determines it.
9 The Secretary of State shall, where he requires an oral hearing, appoint one or more persons to hear the appeal who shall report to him thereon with recommendations as to the relevant findings of fact and their conclusions.
10 The procedure at any oral hearing shall be determined by the person or persons hearing the appeal.
11 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—
(a) the appellant;
(b) the FHSA;
(c) the Local Medical Committee;
(d) the Local Pharmaceutical Committee; and
(e) any other person who gave evidence to the FHSA in connection with the application.
12 The appellant and any of the persons to whom notice of the hearing is required to be sent under paragraph (11) may attend 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.
13 On an appeal under this regulation, the Secretary of State—
(a) may allow the appeal;
(b) may, in a case where the FHSA, on determining the application, considered the question whether to impose conditions to postpone the making or termination of arrangements under regulation 20 for the provision by a doctor of pharmaceutical services to his patients, himself impose conditions to postpone for such 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;
(d) shall, where he allows an appeal against a refusal of the FHSA as mentioned in paragraph (1)(b), remit the application to the FHSA and direct that regulation 12(17) shall not apply; or
(e) may dismiss the appeal.
14 The decision of the Secretary of State shall be given in writing and shall—
(a) include a statement of his reasons for the decision and of his findings of fact; and
(b) as soon as practicable, be sent to the persons mentioned in paragraph (11).