# The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004, Article 20: Refusal of approval of premises under paragraph 24 of Schedule 1 to the 1995 Regulations


(1) Where, on or before 31st March 2004 a Health Board had notified a relevant medical practitioner under paragraph 24(12) of Schedule 1 to the 1995 Regulations of its refusal of an application made under paragraph 24(1) of Schedule 1 to the 1995 Regulations in relation to any place at which he was to be available paragraphs (2) and (3) shall apply.
(2) Where, on 31st March 2004, the time for appealing against the refusal specified in paragraph 24(13) of Schedule 1 to the 1995 Regulations had not expired and no appeal had yet been made, the time for appealing shall continue as if paragraphs 24 of that Schedule had not been revoked.
(3) Where–
(a) on 31st March 2004, the relevant medical practitioner had appealed in writing against that refusal under paragraph 24(13) of that Schedule but the appeal had not been determined or withdrawn; or
(b) after 31st March 2004, an appeal is made pursuant to paragraph (2),
that appeal shall be dealt with or continue to be dealt with as if paragraph 24 of Schedule 1 to the 1995 Regulations had not been revoked.
(4) Where an appeal dealt with under paragraph (3) is successful, the Health Board shall agree to a variation of the contract which it holds with the succeeding contractor which has the effect of adding to the list of practice premises under that contract the premises approved as a result of the appeal.
(5) A variation agreed by the Health Board pursuant to paragraph (4) shall have effect–
(a) from a date no later than 28 days after the date on which the outcome of the appeal was notified to the relevant medical practitioner; and
(b) only if it is in writing and signed by or on behalf of the Health Board and the succeeding contractor.

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Source: https://www.legislation.gov.uk/ssi/2004/163/article/20 (the official version)
Page: https://openlegislation.uk/general-medical-services-and-section-17c-agreements-transitional-and-other-ancillary-provisions-scotland-order-2004/article-20
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.