[132A Appeals where proposed variation considered exempt]

[132A  Appeals where proposed variation considered exempt]

[(1)     This section applies where an authority or authorities who propose to vary a quality contracts scheme under section 132—

(a)     decide that the proposal is an exempt variation for the purposes of that section, and

(b)     acting on the basis of that decision, decide to vary the scheme under that section.

(2)     Any person falling within subsection (3) may appeal to the [Upper] Tribunal against—

(a)     the decision of the authority or authorities that the variation is an exempt variation for the purposes of section 132, or

(b)     the decision of the authority or authorities as to the variation of the scheme under that section.

(3)     The persons are—

(a)     any person who was consulted under section 125(3) (as it applies by virtue of subsection (8) or, as the case may be, (9)(b) of section 132 in a case where the variation is an exempt variation for the purposes of section 132),

(b)     any person who was not so consulted, but who, in the opinion of the [Upper] Tribunal, ought to have been so consulted.

(4)     An appeal under this section may be—

(a)

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