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The National Health Service (Pharmaceutical Services) Regulations 2005

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Procedure on suspension

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50.—(1) Before reaching a decision to suspend a chemist under section 49I(1) (suspension) or 49J(2) (suspension pending appeal) of the Act, the Primary Care Trust shall give the chemist—

(a)notice in writing of any allegation against him;

(b)notice of what action the Primary Care Trust is considering and on what grounds;

(c)the opportunity to make written representations to the Primary Care Trust within the period of 28 days beginning with the date of the notification under sub-paragraph (b); and

(d)the opportunity to put his case at an oral hearing before the Primary Care Trust, if he so requests within the 28 day period mentioned in sub-paragraph (c).

(2) If the Primary Care Trust receives representations or a request for an oral hearing within the period specified in paragraph (1)(c), it must take the representations into account, or hold the hearing, as the case may be, before reaching its decision.

(3) The Primary Care Trust may suspend a chemist with immediate effect once it has reached a decision to suspend him.

(4) The Primary Care Trust shall inform the chemist of its decision and the reasons for it (including any facts relied upon).

(5) Where the Primary Care Trust has decided to suspend a chemist under section 49I (suspension) of the Act, it shall also inform the chemist of his right to have the decision reviewed in accordance with section 49L (review of decisions) of the Act.

(1)

Section 49I was inserted by the 2001 Act, section 25 and amended by the 2002 Act, section 2(5) and Schedule 2, Part I , paragraphs 1 and 21.

(2)

Section 49J was inserted by the 2001 Act, section 25 and amended by the 2002 Act, section 2(5) and Schedule 2, Part I , paragraphs 1 and 22.

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