The National Health Service (General Medical and Pharmaceutical Services) (Miscellaneous Amendments) Regulations 1991

Substitution of regulations 3OF and 3OG of the principal Regulations

7.  For regulations 3OF and 3OG of the principal Regulations (appeals or applications to the Rural Dispensing Committee relating to rurality of an area, and appeals to the Secretary of State), there shall be substituted the following regulations:—

“Appeals relating to rurality of an area

3OF.—(1) Where a Family Health Services Authority—

(a)has determined pursuant to regulation 30D that an area is, or is not, rural in character;

(b)has refused to consider that question on the ground that it is not satisfied as mentioned in paragraph (10) of that regulation; or

(c)has determined that measures are, or are not, required as mentioned in paragraph (4A) of that regulation,

the Local Medical Committee or the Local Pharmaceutical Committee may appeal to the Secretary of State against any such determination or, as the case may be, refusal by giving notice of appeal in accordance with paragraph (2).

(2) Any notice of appeal under paragraph (1) shall be sent to the Secretary of State, within one month from the date on which the decision of the Family Health Services Authority was sent to the Local Medical Committee or the Local Pharmaceutical Committee making the appeal and shall contain a concise statement of the facts and contentions on which the appellant intends to rely.

(3) The Secretary of State shall, on receipt of any notice of appeal under this regulation, send copies thereof to the Family Health Services Authority and all the persons to whom the Family Health Services Authority has given notice of its determination under regulation 3OD(8).

(4) The Family Health Services Authority, the Local Medical Committee and the Local Pharmaceutical Committee may, within one month from the date on which the Secretary of State sent copies to them of the notice of appeal under this regulation, submit representations in writing to him on the appeal.

(5) The Secretary of State may determine an appeal under this regulation in such manner as he thinks fit, and his decision in respect of that appeal shall be final.

(6) On determining an appeal under this regulation, the Secretary of State—

(a)shall, where he allows an appeal against a refusal mentioned in paragraph (1)(b), also determine the question whether or not the relevant area is rural in character;

(b)may, in a case where the Family Health Services Authority on determining the application considered the question of the measures to be carried out pursuant to regulation 3OD(4A), himself require such measures to be carried out by the Family Health Services Authority as will, in his opinion, be likely to reduce, so far as practicable, any adverse consequences to any pharmacist or doctor over such period as he thinks fit;

(c)shall, in a case where that question was not considered by the Family Health Services Authority when it determined the application, remit that question to the Family Health Services Authority for determination.

(7) The Secretary of State shall, upon the determination by him of an appeal under this regulation, give his decision in writing and shall send a copy of the decision and the statement of his reasons for it to all the persons to whom the notice of appeal was sent under paragraph (3).

(8) For the purposes of this regulation, “measures” means the postponement of the making of arrangements under regulation 30 for the provision by a doctor of pharmaceutical services for patients of his, or the postponement of the termination of such arrangements.

Appeals in connection with applications determined under regulation 30E

3OG.—(1) Where—

(a)an application has been determined by the Family Health Services Authority under regulation 3OE; or

(b)the Family Health Services Authority has refused to consider an application under regulation 30E on the ground that it is not satisfied as mentioned in paragraph (1 1) of that regulation,

an appeal to the Secretary of State may be made in accordance with paragraph (4) against that determination or, as the case may be, against that refusal, by any person specified in paragraph (2).

(2) The persons who may make an appeal under this regulation are—

(a)in the case of an appeal against a determination under regulation 3OE, the applicant or any person whose name is included in the medical list or a pharmaceutical list of—

(i)the Family Health Services Authority, or

(ii)any other Family Health Services Authority to which the application was sent under regulation 3OE(1)(c),

and who submitted evidence pursuant to paragraph I of Schedule 4B in connection with the application.

(b)in the case of an appeal against a refusal mentioned in paragraph (1)(b), the applicant.

(3) Where, in determining any application, the Family Health Services Authority has, pursuant to regulation 3OE(5), considered that application together with one or more other applications, any of the applicants may appeal against the determination of any of the applications, and where the Secretary of State receives appeals against two or more of the determinations, those appeals shall be considered together.

(4) An appeal shall be made in writing within one month from the date on which notice of the decision was sent to the appellant or within such further time as the Secretary of State may, for reasonable cause, allow and shall contain a concise statement of the facts and the contentions upon which the appellant relies.

(5) If, after considering the particulars of the statement furnished by the appellant, the Secretary of State is of the opinion that they do not disclose any reasonable grounds of appeal or that the appeal is otherwise vexatious or frivolous, he may determine the appeal forthwith by dismissing it.

(6) Subject to paragraph (5), where an appeal is received, the Secretary of State shall send a copy of the notice of appeal to the Family Health Services Authority whose determination is appealed against and to those persons mentioned in paragraph (2)(a).

(7) Any person to whom a copy of the notice of appeal is sent pursuant to paragraph (6) may, within one month from the date the notice was sent to him, make representations in writing on the appeal to the Secretary of State.

(8) The Secretary of State may require an oral hearing of an appeal before he determines it.

(9) Where the appeal is against the determination of a Family Health Services Authority whose locality is situated in Wales, the Secretary of State shall, where he requires an oral hearing, appoint one or more persons to hear the appeal who shall report to him thereon stating the relevant findings of fact and conclusions.

(10) The procedure at any oral hearing shall be determined by the Secretary of State, except that where paragraph (9) applies it shall be determined by the person or persons hearing the appeal.

(11) An oral hearing shall take place at such time and place as the Secretary of State may direct, and notice of the hearing shall be sent, not less than ten days before the date fixed for the hearing, to the appellant, the Family Health Services Authority, the Local Medical Committee, the Local Pharmaceutical Committee and any other person or body who gave evidence to the Family Health Services Authority in connection with the application.

(12) The appellant and any of the persons to whom notice of the hearing is required to be sent may attend and be heard in person or by Counsel, solicitor or other representative and the Family Health Services Authority may be represented at the hearing by any duly authorised officer or member, or by Counsel or solicitor.

(13) On an appeal under this regulation, the Secretary of State—

(a)may grant the application;

(b)may grant the application subject to such conditions as he may see fit to impose;

(c)shall, where he allows an appeal against a refusal of the Family Health Services Authority as mentioned in paragraph (1)(b), remit the application to the Family Health Services Authority and direct that regulation 3OE(10) shall not apply; or

(d)may dismiss the application.

(14) The decision of the Secretary of State shall be given in writing and shall—

(a)include a statement of the reasons for the decision and findings of fact material thereto, and

(b)as soon as practicable, be sent to the persons and bodies mentioned in paragraph (11).

(15) For the purposes of this regulation, “conditions” means the postponement of the making of arrangements under regulation 30 for the provision by a doctor of pharmaceutical services for patients of his, or the postponement of the termination of such arrangements.”.