The National Health Service (Clinical Commissioning Groups) Regulations 2012

Procedure

10.—(1) The procedure adopted by the Board for dealing with applications under sections 14B, 14E, 14G and 14H of the 2006 Act must be such as to allow for communication between the Board and the applicant or applicants at all stages before the Board’s determination, with a view to making it possible—

(a) for clarifications to be provided either to the Board or to the applicant or applicants on any matter related to the application, and

(b) where appropriate, for the applicant or applicants to adjust the application in the light of communications with the Board.

(2) The Board must publish the procedure that it adopts for dealing with such applications.

(3) The procedure need not be the same for all the types of application.

(4) An application must include the reasons for making it.

(5) The Board must acknowledge an application within the period of two weeks beginning with the date on which the Board receives it.

(6) The Board must notify the applicant or applicants of its determination in writing and must give reasons for it.

(7) The notification must include a statement that the Board will not review the determination and that neither the 2006 Act nor the Health and Social Care Act 2012 provides for any appeal against it.

(8) If (under regulation 8(3)) the Board decides to impose conditions on the grant of an initial application under section 14B of the 2006 Act, it must also—

(a) notify the CCG in writing how the conditions relate to the matters mentioned in section 14C(2),

(b) notify the CCG in writing how the Board proposes to support the CCG in addressing the respects in which the Board was not satisfied as to those matters, and

(c) publish the conditions and a statement of how they relate to the matters mentioned in section 14C(2).

(9) Paragraph (10) applies if the Board receives an application under section 14E, 14G or 14H of the 2006 Act and thinks that granting it would have a significant effect on the amounts allotted or to be allotted under section 223G of that Act (expenditure of CCGs to be met out of public funds) to the CCG, or to any other CCG which would be affected by granting the application.

(10) If the Board thinks that its duties under sections 1H and 14A(1) and (2) of the 2006 Act make it preferable to defer determination of the application, the Board may defer determination of the application until not later than the end of the financial year in which it was received, or the end of the period of six months beginning on the date it was received, whichever is later.

(11) Paragraph (12) applies if the Board receives an application under section 14E or 14H of the 2006 Act (the “main application”), but is aware that any other CCG is to make a related application under section 14B or 14E (the “related application”).

(12) If the Board thinks that its duties under sections 1H and 14A(1) and (2) of the 2006 Act make it preferable to determine the related application (or applications) together with the main application, the Board may defer determination of the main application until the Board has received all the related applications.