The General Medical Services Transitional and Consequential Provisions (Wales) Order 2004

Appeals under 18G and 18GG of the 1992 regulations

9.—(1) Where, on 31st March 2004, a Local Health Board has decided not to nominate an applicant for a vacancy under regulation 18C of the 1992 Regulations but it has not notified the applicant in writing of its decision, in accordance with paragraph (6) of that regulation, it shall so notify the applicant within seven days of the date on which it made its decision and any right of appeal which the applicant would have had under regulation 18G or 18GG of the 1992 Regulations(1) shall continue as if those regulations had not been revoked.

(2) Where—

(a) an applicant for a vacancy under regulation 18C of the 1992 Regulations—

(i) has been notified on or before 31st March 2004 that the Local Health Board has not nominated the applicant for the vacancy, or

(ii) is so notified under paragraph (1); and

(b) the applicant has (or, under paragraph (1), is deemed to have) a right of appeal under regulations 18G or 18GG of the 1992 Regulations and the time for appealing has not yet expired,

the time for appealing shall continue as if those regulations had not been revoked.

(3) Where an unsuccessful applicant for a vacancy under regulation 18C of the 1992 Regulations—

(a) has, on or before 31st March 2004, given notice of appeal to the FHSAA under regulation 18G or 18GG of the 1992 Regulations but that appeal has not yet been determined; or

(b) has given notice of such an appeal after 31st March 2004 pursuant to paragraph (2),

that appeal shall continue to be dealt with as if regulation 18G or, as the case may be, 18GG of the 1992 Regulations had not been revoked.

(1)

Regulation 18G was substituted by S.I. 1998/2838 and amended by S.I. 2001/3742 and 2002/554 and 2469; regulation 18GG was inserted by S.I. 2001/3742 and amended by S.I. 2002/2469.