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3.—(1) An application made under Part 5 of the 2005 Regulations (provision of pharmaceutical services by doctors) for outline consent or premises approval (including temporary premises approval) which has not been determined before the appointed day is to be determined in accordance with the provisions of those Regulations, until that application is finally determined.
(2) Where an application under that Part has been determined in accordance with the 2005 Regulations, whether before the appointed day or by virtue of sub-paragraph (1)—
(a)the arrangements for bringing an appeal in relation to that application (and so appeals relating to any of the decisions referred to in regulation 38((2)(e) to (j) of the 2005 Regulations(1) (appeals in connection with determinations in respect of controlled localities etc.); and
(b)the determination of any appeal validly brought,
are to be in accordance with the provisions of the 2005 Regulations.
(3) If, before the appointed day, a Primary Care Trust requires a doctor to provide pharmaceutical services under regulation 60(4)(a) of the 2005 Regulations(2) (arrangements for provision of pharmaceutical services by doctors), and—
(a)the doctor has appealed against that decision before the appointed day; or
(b)the time limit for bringing an appeal against the decision in regulation 60(12) of the 2005 Regulations has not elapsed before the appointed day,
the arrangements for bringing an appeal in relation to that decision, and the determination of any appeal validly brought, are to be in accordance with the 2005 Regulations.
Prior to its repeal, regulation 38(2) was amended by S.I. 2006/3373.
Prior to its repeal, regulation 60(4) was amended by S.I. 2005/1015 and 2006/3373.
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