- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, Paragraph 9.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
9.—(1) On determining an appeal relating to a valid notice under paragraph 30 or 36, the Secretary of State may—
(a)if the appeal is an appeal to which paragraph 30 or 36(1)(a) of Schedule 2 applies (that is, against a decision to grant or refuse a routine or excepted application)—
(i)confirm the decision of [F1NHS England],
(ii)quash the decision and redetermine the application, or
(iii)quash the decision and remit the matter to [F1NHS England] for it to redetermine the application, where the Secretary of State considers that there should be a (further) notification under paragraph 19 of Schedule 2, subject to such directions as the Secretary of State considers appropriate; or
(b)if the appeal is an appeal to which paragraph 32(5) or 36(1)(b) to (f) applies—
(i)confirm the decision of [F1NHS England], or
(ii)substitute for that decision any decision that [F1NHS England] could have taken when it took that decision.
(2) If the Secretary of State grants or confirms the grant of a routine application, the Secretary of State may direct [F1NHS England]—
(a)to impose a condition under paragraph 33, in circumstances where [F1NHS England] could have imposed such a decision if it had granted the application; or
(b)to take such action under regulation 50(4) or (5) as the Secretary of State thinks fit.
(3) On determining an appeal relating to a valid notice under regulation 45, the Secretary of State may—
(a)confirm the decision or determination of [F1NHS England];
(b)substitute for that decision or determination any decision or determination that [F1NHS England] could have taken when it took that decision or made that determination; or
(c)quash the decision or determination of [F1NHS England] and remit the matter to it for it to redetermine the decision or determination, subject to such directions as the Secretary of State considers appropriate.
(4) On determining an appeal relating to a valid notice under regulation 63, the Secretary of State may—
(a)in the case of decision or determination mentioned in regulation 63(1)(a), (b), (e) or (f)—
(i)confirm the decision or determination of [F1NHS England],
(ii)substitute for that decision or determination any decision or determination that [F1NHS England] could have taken when it took that decision or made that determination, or
(iii)quash the decision or determination of [F1NHS England] and remit the matter to it for it to redetermine the decision or determination, subject to such directions as the Secretary of State considers appropriate; or
(b)if the appeal is against a decision to grant or refuse an application for outline consent or premises approval—
(i)confirm the decision of [F1NHS England],
(ii)quash the decision of [F1NHS England] and redetermine the application, or
(iii)quash the decision of [F1NHS England] and remit the matter to it for it to redetermine the application, subject to such directions as the Secretary of State considers appropriate.
(5) On determining an appeal relating to a valid notice under regulation 77, the Secretary of State may—
(a)confirm the decision of [F1NHS England]; or
(b)substitute for that decision any decision that [F1NHS England] could have taken when it took that decision.
(6) If the Secretary of State grants or confirms the grant of an application for—
(a)outline consent, the Secretary of State may direct [F1NHS England] to take such action under regulation 53(3) as the Secretary of State thinks fit; or
(b)premises approval, the Secretary of State may direct [F1NHS England] to take such action under regulation 57 as the Secretary of State thinks fit.
Textual Amendments
F1Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: