Health (Pricing and Supply of Medical Goods) Act 2013

PART 6

Miscellaneous

Appeals to High Court against relevant decisions of Board or Executive.

27.— (1) A relevant person aggrieved by a relevant decision may, within 30 days from the date on which the relevant person was given the relevant notification, appeal to the High Court against the relevant decision.

(2) The High Court may, on the hearing of an appeal under subsection (1) by a relevant person—

(a) do any of the following:

(i) confirm the relevant decision the subject of the appeal;

(ii) cancel the relevant decision and replace it with such other decision which the relevant body could have made under this Act and which the Court considers appropriate;

(iii) remit the matter to the relevant body for further consideration,

(b) give the relevant body such directions as the Court considers appropriate, and

(c) direct how the costs of the appeal are to be borne.

(3) An appeal may not be brought from a decision of the High Court under this section except by its leave.

(4) An appeal under subsection (1) against a relevant decision shall not suspend the coming into operation of the relevant decision.

(5) In this section—

“relevant body”, in relation to a relevant decision, means whichever of the Board or the Executive made the relevant decision;

“relevant decision” means a relevant decision within the meaning of section 6 (6), 19 (8), 22 (4) or 25 (4);

“relevant notification”, in relation to the notification of a relevant person of a relevant decision, means the giving of a notice under section 6 (1), 19 (1), 22 (1) or 25 (1), as the case requires, to the relevant person of the relevant decision;

“relevant person”, in relation to a relevant decision, means any person who has been notified under section 6 (1), 19 (1), 22 (1) or 25 (1), as the case requires, of the relevant decision.