Paragraph 6 Right of appeal to the Welsh MinistersI1

England and Wales

(1)

For applications to which paragraph 8(1)(a) and (c) of Schedule 3 apply, the persons entitled to submit a notice of appeal against the decision of the Local Health Board to the Welsh Ministers are—

(a)

the applicant;

(b)

any of the following who made representations on the application to the Local Health Board under paragraph 8(3) of Schedule 3—

(i)

any person included in a pharmaceutical list,

(ii)

any person who has been granted preliminary consent for inclusion in a pharmaceutical list,

(iii)

any provider of local pharmaceutical services under a pilot scheme, and

(iv)

where the premises specified in an application are in a controlled locality, any person who is a provider of primary medical services or who is included in the dispensing doctor list.

(2)

In the case of an application determined under regulation 22 (applications involving a change of ownership), the persons entitled to submit a notice of appeal to the Welsh Ministers are—

(a)

the applicant, and

(b)

any of the following who were, under paragraph 14(2) of Schedule 3, given notice of the Local Health Board’s decision on the application—

(i)

any person included in a pharmaceutical list,

(ii)

any person who has been granted preliminary consent for inclusion in a pharmaceutical list,

(iii)

any provider of local pharmaceutical services under a pilot scheme, and

(iv)

where the premises specified in the application are in a controlled locality, any person who is a provider of primary medical services or who is included in the dispensing doctor list.

(3)

A notice of appeal is valid if—

(a)

it is submitted by a person with the right of appeal under sub-paragraph (1) or (2),

(b)

it is sent to the Welsh Ministers within 30 days of the date on which notice of the decision being appealed was sent by the Local Health Board to the person making the appeal, and

(c)

it contains a statement of the grounds of appeal which do not amount to a challenge to the legality or reasonableness of a pharmaceutical needs assessment, or to the fairness of the process by which the Local Health Board undertook that assessment.

Annotations

Commencement

I1: Sch. 4 para. 6 in force at 1.10.2020, see reg. 1(2)(b)