Regulation 27 Amendment of regulation 38 of the Pharmaceutical Services Regulations

Before paragraph (2) of regulation 38^f1 (appeals in connection with determinations in respect of controlled localities etc) insert the following paragraphs—

“(1A)

Where a Primary Care Trust has determined an application to which regulations 33 to 36 applied, and regulation 6(1) or 7(1) also applied to that application, the persons who may appeal to the Secretary of State are—

(a)

the applicant; and

(b)

any person who—

(i)

was given notice of the application under regulation 33(2)(c) or (d) or regulation 33(3)(c) or (d), and

(ii)

made representations to the Primary Care Trust in accordance with regulation 33(4).

(1B)

Where a Primary Care Trust has determined an application to which regulations 33 to 36 applied, and regulation 6(3), 7(3), 8, 9, or 10 also applied to that application, or the Primary Care Trust has made a decision under regulation 39(8) in relation to that application, the persons who may appeal to the Secretary of State are—

(a)

the applicant; and

(b)

any person who was given notice of the decision under regulation 37(1)(a)(iv) or (v) or regulation 37(3)(c) or (d).

(1C)

Where a Primary Care Trust has determined an application to which regulations 33 to 36 applied, and regulation 12 also applied to that application or would have applied but for an exemption under regulation 13, the persons who may appeal to the Secretary of State are—

(a)

the applicant; and

(b)

except in the case of an application to which regulation 13(1) applies, any person who—

(i)

was given notice of the application under regulation 33(2)(c) or (d) or regulation 33(3)(c) or (d), and

(ii)

made representations to the Primary Care Trust in accordance with regulation 33(4).

(1D)

Paragraphs (1A), (1B) and (1C) do not apply to determinations of applications under regulation 18ZA or 36(2).”.

For sub-paragraph (a) of paragraph (2) of regulation 38, substitute—

“(a)

has determined an application that does not fall within paragraph (1A), (1B) or (1C) or a question raised by an application (but not the application itself) to which regulations 33 to 36 applied;”.

In paragraph (3) of regulation 38—