Article 21 Withdrawal of approval of premises under paragraph 37 of Schedule 2 to the 1997 RegulationsI1
Northern Ireland
Where –
on or before 31st March 2004, a Board had notified a relevant medical practitioner of withdrawal of its approval of premises under paragraph 37(10) of Schedule 2 to the 1997 Regulations; and
on 31st March 2004, the time for appealing specified in sub-paragraph (11) of that paragraph had not expired and no appeal had yet been made,
the time for appealing shall continue as if paragraph 37 of Schedule 2 to the 1997 Regulations had not been revoked.
Where –
on or before 31st March 2004, the relevant medical practitioner had appealed in writing against a withdrawal of approval under paragraph 37(11) of Schedule 2 to the 1997 Regulations but the appeal had not been determined or withdrawn; or
after 31st March 2004, an appeal is made pursuant to paragraph (1),
that appeal shall be dealt with or continue to be dealt with as if paragraph 36 and, if applicable, paragraph 37 of Schedule 2 to the 1997 Regulations were still in operation.
Where an appeal dealt with under paragraph (2) is successful, the 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.
A variation agreed by the Board pursuant to paragraph (3) shall have effect –
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
only if it is in writing and signed by or on behalf of the Board and the succeeding contractor.
Annotations
Commencement
- I1
Art. 21 in operation at 1.4.2004, see art. 1(1)