PART 3Applications and Determinations
Consideration of new practices
9.—(1) A person may apply to the Justifying Authority for a justification decision in respect of a new class or type of practice.
(2) Having received an application under paragraph (1) the Justifying Authority shall, subject to regulation 14(2), consider it and make a justification decision in respect of that class or type of practice.
(3) The Justifying Authority may, subject to regulation 14(2), without receiving an application under paragraph (1), make a justification decision in respect of a new class or type of practice.
Review of existing practices
10.—(1) A person may apply to the Justifying Authority to review an existing class or type of practice if one of the conditions set out in paragraph (4) is satisfied.
(2) Having received an application under paragraph (1), the Justifying Authority may, subject to regulation 14(2), consider it and may make a new justification decision in respect of that class or type of practice.
(3) The Justifying Authority may, subject to regulation 14(2), without receiving an application under paragraph (1), review an existing class or type of practice if one of the conditions set out in paragraph (4) is satisfied and make a new justification decision in respect of that class or type of practice.
(4) The conditions referred to in paragraphs (1) and (3) above are that—
(a)new and important evidence about its efficacy or consequences is acquired; or
(b)there has been a justification decision that it is not justified.
Conditions and consequential matters
11.—(1) A justification decision may be made subject to such conditions as the Justifying Authority may consider appropriate.
(2) If the Justifying Authority in considering a justification decision determines that an existing class or type of practice is not justified he—
(a)shall specify in the justification decision a date, which may be later than the date of the justification decision, after which persons must cease from carrying out practices of that class or type; and
(b)may specify by notice served on an operator or any other person, steps which that person is required to take which the Justifying Authority considers appropriate as a consequence of the decision.
Determination whether a practice is new or existing
12.—(1) The Secretary of State may, and at the request of any other person shall, determine whether a practice belongs to a new or existing class or type of practice for the purposes of these Regulations.
(2) Any application under regulation 9 or 10 shall be deemed to include a request under paragraph (1).