OpenLegislation

Paragraph 5 Decision on appealsI1

England and Wales

(1)

The Welsh Ministers must after reaching a decision on an appeal submitted under paragraph 3 give written notice of their decision together with the reasons for it to those persons sent a copy of the notice of appeal under paragraph 4.

(2)

The Welsh Ministers—

(a)

must, where they allow an appeal against a decision by a Local Health Board that an application cannot be considered by virtue of regulation 13(3), either—

(i)

themselves determine the question of whether or not the particular locality is or is part of a controlled locality, or

(ii)

remit the question to the Local Health Board for determination,

(b)

may, where the Local Health Board, on determining the application, considered the imposition of conditions under paragraph 6 of Schedule 3, themselves consider whether to impose conditions,

(c)

may, where the Local Health Board, on determining the application, has not considered the imposition of conditions under paragraph 6 of Schedule 3 either—

(i)

themselves consider whether to impose conditions, or

(ii)

remit the question to the Local Health Board for determination,

(d)

may, where the Local Health Board, on determining the application, considered the question whether to postpone the making or termination of arrangements under regulation 26 (or equivalent provision under the GMS Regulations) for the provision by a doctor or a GMS contractor of pharmaceutical services or dispensing services to patients, themselves postpone, for such period as they think fit, the making or termination of such arrangements, or

(e)

must, where the Local Health Board, did not consider the question whether to postpone the making or termination of arrangements under regulation 26 (or equivalent provision under the GMS Regulations) for the provision by a doctor or a GMS contractor of pharmaceutical services or dispensing services to patients, remit the question to the Local Health Board for determination.

Annotations

Commencement

I1

Sch. 4 para. 5 in force at 1.10.2020, see reg. 1(2)(b)