Regulation 44 Review of a decision to impose conditionsI1
England and Wales
Where a Local Health Board has made a decision to impose conditions in accordance with regulation 38, it may review such a decision either of its own volition or at the request of the person whose application has been granted subject to conditions.
A person whose application has been granted subject to conditions may not request a review of a Local Health Board’s decision until the expiry of a 3 month period beginning with the date the Local Health Board—
includes the person’s name on its pharmaceutical list, or
grants the person preliminary consent,
and cannot request a review within 6 months of a decision on a previous review.
A Local Health Board must give the person whose application has been granted subject to conditions—
notice that it intends to review its decision,
notice of the decision that it is minded to take upon review, and the reasons for it,
the opportunity to make written representations to the Local Health Board within the period of 30 days beginning with the date of notification under sub-paragraph (a), and
the opportunity to put the person’s case at an oral hearing before the Local Health Board, if the person so requests within the 30 day period mentioned in sub-paragraph (c).
If the Local Health Board receives representations or a request for an oral hearing within the period specified in paragraph (3)(c), it must take the representations into account or hold the oral hearing, as the case may be, before reaching its decision.
Upon review the Local Health Board may—
maintain the current conditions,
impose new conditions,
vary the person’s terms of service,
vary the conditions, or
where the person has breached a condition, remove the person from the pharmaceutical list.
As soon as practicable after reaching a decision, the Local Health Board must notify the person of its decision, and it must include with the notification of its decision an explanation of—
the reasons for the decision,
the right of appeal that the person has to the Tribunal, and
the time limit within which, in accordance with the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, the application notice must be sent to the Tribunal if an appeal is to be brought.