The National Health Service (Pharmaceutical Services) Regulations 2012

Fitness cases: procedures for removal or contingent removal from pharmaceutical lists

82.—(1) This paragraph applies where a Primary Care Trust (PCT1) is considering—

(a) removing an NHS chemist (C) from its pharmaceutical list under section 151 or 152(3)(b) of the 2006 Act (which relate to disqualification of practitioners and contingent removal);

(b) removing C from its pharmaceutical list under regulation 80; or

(c) contingently removing C from its pharmaceutical list under section 152(1) of the 2006 Act.

(2) Where paragraph (1) applies, before reaching its decision, PCT1 must—

(a) notify C of the action PCT1 is considering taking and its grounds for considering taking that action; and

(b) as part of that notification—

(i) inform C of any allegation against C, and

(ii) advise C that C may make—

(aa) written representations to PCT1 with regard to that action, provided C notifies PCT1 with those representations within 30 days beginning with the date of the notification by PCT1, and

(bb) oral representations to PCT1 with regard to that action, provided C notifies PCT1 of C’s wish to do so within 30 days beginning with the date of the notification by PCT1 and C (or a representative of C) attends the hearing that PCT1 arranges for the purpose of hearing those representations, which PCT1 must give C reasonable notice of; and

(c) in an unsuitability case to which regulation 81(a) or (b) applies, if C is a body corporate, advise C that PCT1 will not remove C from its pharmaceutical list as a consequence of that regulation (without prejudice to any other action it may take), provided that—

(i) the director or superintendent ceases to be a director or superintendent of C within the period of 30 days that begins on the date of the notification by PCT1, and

(ii) within that period, C notifies PCT1 of the date on which the director or superintendent has ceased or is to cease to be a director or superintendent of C.

(3) Once PCT1 has taken its decision, it must notify C of its decision, and it must include with the notification (which may be combined, in appropriate cases, with a notification under regulation 79(5)) an explanation of—

(a) the reasons for the decision;

(b) if PCT1 has decided to remove or contingently remove C from its pharmaceutical list—

(i) C’s rights of appeal in relation to that decision under section 158 of the 2006 Act(1) (appeals), and

(ii) the time limit within which, in accordance with the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008(2), the application notice must be sent to the Tribunal if an appeal is to be brought; and

(c) if PCT1 has decided to contingently remove C, the arrangements for review of the conditions under section 157(1) of the 2006 Act(3) (review of decisions).

(4) If PCT1 has decided to remove or contingently remove C from its pharmaceutical list in accordance with this regulation, that decision is not to take effect—

(a) if C does not appeal against the decision, until the period for bringing an appeal against the decision has elapsed; or

(b) if C does appeal against the decision, unless the First-tier Tribunal has determined the appeal and confirmed the decision of PCT1 (if the First-tier Tribunal takes a different decision to the decision taken by PCT1, that decision takes effect upon the taking of that decision, unless the First-tier Tribunal directs otherwise).

(1)

Section 158 has been amended by S.I. 2010/22.

(2)

S.I. 2008/2699 (L 16); see rule 19 of those Rules.

(3)

Section 157 has been amended by S.I. 2010/22.