Regulation 15 Appeals

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 15(1) words substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 55(a)(i)
reg. 15(1) words omitted by Transfer of Tribunal Functions 2010 Sch. 3 para. 55(a)(ii)
reg. 15(2)(g) words substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 55(b)
reg. 15(3)(4) words substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 55(b)
reg. 15(6) words substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 55(b)

(1)

A performer may appeal (by way of redetermination) to the FHSAA against a decision of a Primary Care Trust mentioned in paragraph (2) by giving notice to the FHSAA.

(2)

The Primary Care Trust decisions in question are decisions—

(a)

to refuse admission to a performers list under regulation 6(1);

(b)

to impose a particular condition under regulation 8, or to vary any condition or to impose a different condition under that regulation;

(c)

on a review, under regulation 14, of a conditional inclusion under regulation 8;

(d)

to remove the performer under regulations 8(2), 10(3) or (6), 12(3)(c) or 15(6)(b);

(e)

to impose a particular condition under regulation 12, or to vary any condition or to impose a different condition under that regulation;

(f)

on a review, under regulation 14, of a contingent removal under regulation 12; and

(g)

which the relevant Part prescribes that the performer may appeal to the FHSAA.

(3)

On appeal the FHSAA may make any decision which the Primary Care Trust could have made.

(4)

Where the decision of the FHSAA on appeal is that the appellant’s inclusion in a performers list is to be subject to conditions, whether or not those conditions are identical with the conditions imposed by the Primary Care Trust, the Trust shall ask him to notify it within 28 days of the decision (or such longer period as the Trust may agree) whether he wishes to be included in its performers list subject to those conditions.

(5)

If the performer notifies the Primary Care Trust that he does wish to be included in its performers list subject to the conditions, it shall so include him.

(6)

Where the FHSAA on appeal decides to impose a contingent removal—

(a)

the Primary Care Trust and the performer may each apply to the FHSAA for the conditions imposed on the performer to be varied, for different conditions to be imposed, or for the contingent removal to be revoked; and

(b)

the Primary Care Trust may remove the performer from its performers list if it determines that he has failed to comply with any such condition.