Regulation 7 Appeals to the Secretary of State against refusal of recognition
A practice may appeal to the Secretary of State against a decision of a Regional Health Authority to refuse to grant the practice recognition as a fund-holding practice.
Subject to paragraph (4), a notice of appeal shall be signed by all the members of the practice.
Subject to paragraph (4), a notice of appeal shall be sent to the Secretary of State within the period of one month beginning with the date on which notice of the Regional Health Authority’s decision was sent to the members of the practice and shall contain a concise statement of the grounds of appeal on which the practice relies.
Where in any case it appears to her just and proper to do so, the Secretary of State may do either or both of the following:
dispense with the requirement in paragraph (2);
extend the time limit mentioned in paragraph (3).
The Secretary of State shall send a copy of the notice of appeal to the Regional Health Authority.
The Secretary of State may, if she is of the opinion that the appeal is of such a nature that it can properly be determined without an oral hearing, determine the appeal without an oral hearing.
If the Secretary of State is of the opinion that an oral hearing is required, she shall appoint one or more persons to hear the appeal and shall send to each member of the practice and the Regional Health Authority a notice of the date of the hearing and the time and place at which it is to be held.
All members of the practice may attend the hearing and the practice may be represented by a member of the practice or some other person appointed for the purpose by the practice and the Regional Health Authority may be represented by a member or officer of the Authority or some other person appointed for the purpose by the Authority.
The person or persons hearing the appeal shall report to the Secretary of State in writing and the report shall contain such findings of fact as the person or persons hearing the appeal consider necessary for the purpose of enabling the Secretary of State to determine the appeal, and their conclusions.
The Secretary of State, on receipt of the report, shall–
take the report into consideration; and
determine the appeal.
Where the Secretary of State has determined an appeal in accordance with this regulation, she shall–
send to each member of the practice making the appeal and to the Regional Health Authority a notice of his decision; and
include in the notice a statement of the reasons for her decision.