SCHEDULE 2U.K.Applications in respect of pharmaceutical lists and the procedures to be followed

PART 5U.K.Notification, taking effect of decisions and rights of appeal to the Secretary of State

Third party rights of appeal to the Secretary of State where an application is grantedU.K.

30.—(1) A person with third party rights (as provided for in this paragraph) may appeal to the Secretary of State against a decision of [F1NHS England] to grant a notifiable application, or an application to which regulation 26(1), 27 or 28 applies, provided that the person notifies the Secretary of State with a valid notice of appeal within 30 days of the date on which that person was notified of [F1NHS England’s] decision under paragraph 28.

(2) For the purposes of this Schedule, a person (P1) is a person with third party rights if—

(a)P1 is a person to whom sub-paragraph (3) applies; or

(b)P1 was entitled to receive notification of the decision to grant the application by virtue of paragraph 28(5).

(3) P1 is a person to whom this sub-paragraph applies if—

(a)P1 was a person whom [F1NHS England] was required to notify about the decision on the application by virtue of P1 being a person whose interests might, in the opinion of [F1NHS England], be significantly affected by the decision, and also being—

(i)included in a pharmaceutical list,

(ii)entitled to be included in a pharmaceutical list because of the grant of a routine or excepted application but who is not (yet) included,

(iii)an LPS chemist, or

(iv)either—

(aa)a provider of primary medical services, or

(bb)another person on the dispensing doctor list for the area of the relevant HWB if there is one (P1 being a performer but not a provider of primary medical services),

but only if the application is in respect of premises in a controlled locality and it was granted partly on the basis that, having regard to regulation 44(3), in the opinion of [F1NHS England] granting the application would not prejudice the proper provision of relevant NHS services in the area of the relevant HWB or of a neighbouring HWB of the relevant HWB;

(b)in the case of a notifiable application, P1 made representations in writing about the application under paragraph 19(4); and

(c)in the case of a notifiable application but subject to sub-paragraph (6), [F1NHS England] is satisfied, having regard to those representations in writing and any oral representations made in accordance with paragraph 25, that P1—

(i)made a reasonable attempt to express P1's grounds for opposing the application adequately in P1's representations, and

(ii)has grounds for opposing the application, which—

(aa)do not amount to a challenge to the legality or reasonableness of a pharmaceutical needs assessment, or to the fairness of the process by which a HWB or Primary Care Trust undertook that assessment, and

(bb)are not vexatious or frivolous.

(4) If [F1NHS England] considers that a person notified under paragraph 28 is a person with third party appeal rights, it must notify that person of that fact when it notifies that person of the determination.

(5) A notice of appeal under sub-paragraph (1) is only valid if it includes a concise and reasoned statement of the grounds of appeal.

(6) A person to whom sub-paragraph (3)(a) and (b) applies (P2) who is not notified by [F1NHS England] that they are person with third party appeal rights may appeal to the Secretary of State against the determination (D1) by [F1NHS England] that it is not satisfied as mentioned in sub-paragraph (3)(c), provided that P2—

(a)notifies the Secretary of State within 30 days of the date on which that person was notified of [F1NHS England’s] decision under paragraph 28 (D2) that P2 wishes to appeal against D1 and D2; and

(b)includes within that notification concise and reasoned statements of P2's grounds of appeal against both D1 and D2,

and if the appeal against D1 is successful, P2 is a person with third party appeal rights in relation to D2 for the purposes of this Schedule.

Textual Amendments