The National Health Service (Pharmaceutical Services) Regulations 2012

Local dispute resolution before serving remedial notices or breach notices

69.—(1) Subject to paragraph (3), before issuing a notice under regulation 70 or 71, a Primary Care Trust (PCT1) must make every reasonable effort to communicate and co-operate with an NHS chemist on its pharmaceutical list (C) with a view to resolving any dispute between C and PCT1 relating to C’s compliance with C’s terms of service.

(2) Where an NHS pharmacist invites the Local Pharmaceutical Committee for its area to participate in the attempts to resolve the dispute, PCT1 must make every reasonable effort to communicate and co-operate with the Committee in its attempts to assist in resolving the dispute.

(3) Paragraphs (1) and (2) do not apply where PCT1 is satisfied—

(a) the dispute relates to a matter that has already been the subject of dispute resolution between PCT1 and C and there are no new issues of substance that justify delay in issuing a notice under regulation 70 or 71; or

(b) that it is appropriate to proceed immediately to issuing a notice under regulation 70 or 71—

(i) because listed chemist premises are not, or have not been, open during core opening hours or supplementary opening hours without good cause,

(ii) to protect the safety of any persons to whom C may provide pharmaceutical services, or

(iii) to protect PCT1 from material financial loss.