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The National Health Service (Pharmaceutical Services) Regulations 2005

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Temporary provision of services during a period of suspension

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54.—(1) A chemist who has been suspended, except a temporary chemist who has been suspended, may nominate to the Primary Care Trust a person or persons to provide pharmaceutical services in his place, for the period of his suspension.

(2) A nominated person may apply to the Primary Care Trust, in accordance with this regulation—

(a)for temporary inclusion in that Primary Care Trust’s pharmaceutical list; or

(b)if he is already included in that Primary Care Trust’s pharmaceutical list, for temporary inclusion in respect of the premises from which the suspended chemist had undertaken to provide pharmaceutical services, or in respect of the pharmaceutical services which the suspended chemist had undertaken to provide.

(3) An application shall be in writing and shall include—

(a)the name and address of the applicant and the suspended chemist;

(b)a statement as to whether the applicant is a registered pharmacist, a person lawfully conducting a retail pharmacy business in accordance with section 69 (general provisions) of the Medicines Act 1968(1), or a supplier of appliances;

(c)the address of the premises from which the applicant undertakes to provide pharmaceutical services;

(d)a statement to the effect that the applicant is applying to provide pharmaceutical services from the specified premises, only for the period of the suspended chemist’s suspension and for so long as the suspended chemist consents; and

(e)the information and undertakings specified in Part 3 of Schedule 4.

(4) Where the applicant is not already on the Primary Care Trust’s pharmaceutical list, the Primary Care Trust shall grant the application, subject to paragraphs (6), (7), (8), (10), (11) and (15) and regulations 19, 21 and 26.

(5) Where the applicant is already on the Primary Care Trust’s pharmaceutical list, the Primary Care Trust shall grant the application, subject to paragraphs (10), (11) and (15) and regulation 26.

(6) An application made under this regulation by a person who qualified to have his name registered under the Pharmacy Act 1954(2) by virtue of section 4A(3) (qualification by appropriate European diploma for registration) of that Act shall not be granted unless the applicant satisfies the Primary Care Trust that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the Primary Care Trust’s area.

(7) Subject to paragraph (8), an application to a Primary Care Trust in whose pharmaceutical list the applicant is not already included shall not be granted unless the Primary Care Trust has—

(a)checked as far as practicable the references and information provided by the applicant in accordance with Part 3 of Schedule 4;

(b)checked with the National Health Service Counter Fraud and Security Management Service whether the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) has any record of a fraud case; and

(c)considered whether there are grounds—

(i)for refusing the application under regulation 19, or

(ii)for imposing conditions in accordance with regulation 21.

(8) Where a person is urgently needed as a temporary chemist in order to secure the adequate provision of pharmaceutical services in the neighbourhood in which the premises from which the applicant intends to provide pharmaceutical services are located, and it is not practicable for the Primary Care Trust to comply with paragraph (7) before granting his application, the Primary Care Trust may grant his application, provided that it complies with paragraph (7) as soon as practicable after that grant.

(9) For the purpose of determining the adequacy of the provision of pharmaceutical services pursuant to paragraph (8), a Primary Care Trust shall treat any local pharmaceutical services being provided in the neighbourhood in which the premises named in the application are located as if they were pharmaceutical services, and shall not take into account any pharmaceutical services provided by a distance selling chemist in that neighbourhood.

(10) A Primary Care Trust must refuse an application if—

(a)the suspended chemist is a body corporate and the applicant—

(i)is an employee of the body corporate,

(ii)is, or was at the time a suspension was imposed, or at the time of the originating events, a director or superintendent of the suspended chemist,

(iii)is a body corporate in which—

(aa)the suspended chemist; or

(bb)any person who is, or was at the time a suspension was imposed, or at the time of the originating events, a director or superintendent of the suspended chemist,

is a majority shareholder,

(iv)is a body corporate which has a director or superintendent who is an employee of the suspended chemist, or

(v)is a body corporate which has a director or superintendent who is, or was at the time a suspension was imposed, or was at the time of the originating events, a director or superintendent of the suspended chemist; or

(b)the suspended chemist is an individual and the applicant—

(i)is an employee of the suspended chemist, or

(ii)is a body corporate, of which the suspended chemist or his employee is a director or superintendent or the majority shareholder.

(11) A Primary Care Trust may refuse an application if—

(a)the suspended chemist is a body corporate and the applicant (or where the applicant is a body corporate, any director or superintendent of the applicant) is in a relationship (including a family relationship) with the suspended chemist, or with any person who is, or was at the time a suspension was imposed, or was at the time of the originating events, a director or superintendent of the suspended chemist, the nature of which makes it unlikely that the applicant will be able to exercise an appropriate degree of autonomy; or

(b)the suspended chemist is an individual and the applicant (or where the applicant is a body corporate, any director or superintendent of the applicant) is in a relationship (including a family relationship) with the suspended chemist, the nature of which makes it unlikely that the applicant will be able to exercise an appropriate degree of autonomy.

(12) Where a Primary Care Trust receives an application to which it considers that paragraph (11) applies—

(a)before determining the application, it shall invite the applicant and the suspended chemist to make representations to it in writing or, if they so desire, in person, before the end of the period of 14 days beginning on the day on which the Primary Care Trust invited representations; and

(b)it shall make a decision on the application before the end of the period of 14 days beginning on the day on which it receives or hears the applicant’s or the suspended chemist’s representations, whichever is the later of the two, or, where no representations are made, the day on which the time for making such representations expires.

(13) Before the end of the period of 14 days beginning with the day on which it has received both a nomination under paragraph (1) and an application under paragraph (2), a Primary Care Trust shall—

(a)determine the application;

(b)where it considers that paragraph (11) applies, invite representations in accordance with paragraph (12)(a); or

(c)where it considers that there are grounds for deferring consideration or determination of the application under regulation 26, notify the applicant in writing to that effect.

(14) A Primary Care Trust shall, as soon as is practicable, give notice in writing of its decision on an application to—

(a)the applicant;

(b)the suspended chemist; and

(c)where it decides to grant the application, the Local Pharmaceutical Committee and the Local Medical Committee established for the Primary Care Trust’s area.

(15) Where an applicant is already included in the Primary Care Trust’s pharmaceutical list, or has been granted preliminary consent to be included in that list, and in either case is subject to conditions imposed in accordance with regulations 21, 30, 42 or 43, a grant of his application under this regulation shall be subject to those same conditions.

(16) Where a Primary Care Trust grants an application under this regulation, it shall include the applicant in its pharmaceutical list or, where the applicant is already included in that list, include him in relation to the premises or services specified in the application.

(17) The suspended chemist may at any time during the period of his suspension notify the Primary Care Trust in writing that—

(a)he no longer consents to the provision of pharmaceutical services by the temporary chemist; and

(b)he requires that the temporary chemist should cease the provision of pharmaceutical services with effect from a specified date.

(18) A suspended chemist must give the Primary Care Trust at least two working days' notice of the date specified in paragraph (17)(b); and in this paragraph, “working day” means any day other than Saturday, Sunday, Christmas Day, Good Friday or a bank holiday.

(19) Where the Primary Care Trust receives notification from the suspended chemist in accordance with paragraphs (17) and (18), it shall, as soon as practicable, notify the temporary chemist in writing that he is to cease the provision of pharmaceutical services with effect from the specified date, and shall remove his name from the pharmaceutical list with effect from that date.

(20) Subject to paragraph (21), a Primary Care Trust may at any time remove a temporary chemist’s name from the pharmaceutical list if the temporary chemist is in a relationship with the suspended chemist which makes it unlikely that he will be able to exercise an appropriate degree of autonomy.

(21) Where a Primary Care Trust is minded to remove a temporary chemist’s name from the pharmaceutical list in accordance with paragraph (20), it shall—

(a)as soon as practicable, notify the suspended chemist and the temporary chemist that it is so minded, giving a brief statement of its reasons;

(b)afford to the suspended chemist and the temporary chemist an opportunity to make representations to it in writing or, if they so desire, in person, before the end of the period of 14 days beginning on the day on which the notification is given;

(c)make a decision as to removal from the pharmaceutical list before the end of the period of 14 days beginning on the day on which it receives or hears the applicant’s or the suspended chemist’s representations, whichever is the later of the two, or, where no representations are made, the day on which the time for making such representations expires; and

(d)as soon as practicable, give notice in writing of its decision to the suspended chemist and the temporary chemist.

(22) On and after the date on which the period of suspension of the suspended chemist ends (whether the suspended chemist’s name is removed from the pharmaceutical list or whether he is reinstated as a chemist), the temporary chemist may no longer provide the pharmaceutical services that he had previously provided in the place of the chemist who had been suspended; and the Primary Care Trust shall remove the temporary chemist’s name from its pharmaceutical list with effect from that date.

(23) In this regulation, references to removing a temporary chemist’s name from a pharmaceutical list shall be construed as removing his name in respect of the premises from which he has provided pharmaceutical services under this regulation (or in respect of the pharmaceutical services he has provided under this regulation).

(24) Where a Primary Care Trust has refused a person’s application to be a temporary chemist that person may appeal to the Secretary of State in accordance with regulation 29.

(3)

Section 4A was inserted by S.I. 1987/2202, article 2(4), and amended by S.I. 1996/1405, regulation 2, S.I. 2003/3148, regulation 8 and S.I. 2004/1947, regulation 13.

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