The National Health Service (Pharmaceutical Services) Regulations 2005

Procedure on removal

48.—(1) Where a Primary Care Trust is considering—

(a) removing a chemist’s name from the pharmaceutical list under section 49F (disqualification of practitioners) of the Act (other than in cases specified in regulation 47);

(b) contingently removing a chemist’s name from the pharmaceutical list under section 49G(1) (contingent removal) of the Act;

(c) removing a chemist’s name from the pharmaceutical list for breach of a condition imposed under section 49G of the Act; or

(d) removing a chemist’s name from the pharmaceutical list for breach of a condition under regulation 44,

on fitness to practise grounds, it shall follow the procedure set out in this regulation.

(2) Before reaching a decision of the kind mentioned in paragraph (1), 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).

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

(4) The Primary Care Trust shall inform the chemist of its decision, the reasons for it (including any facts relied upon), and, if the decision is adverse, that he has a right of appeal to the FHSAA.

(5) Where the Primary Care Trust has decided to impose a contingent removal, it shall also inform the chemist of his right to have the decision reviewed in accordance with section 49L(2) (review of decisions) of the Act.

(6) The Primary Care Trust shall inform the chemist that if he wishes to appeal, he must do so within the period of 28 days beginning with the date on which the Primary Care Trust informs him of its decision, and shall tell him how to proceed with making his appeal.

(7) The Primary Care Trust shall not remove a chemist’s name from the pharmaceutical list, or impose a contingent removal, until the determination by the FHSAA of any appeal against the Primary Care Trust’s decision or any time for appeal has expired.

(8) Where a Primary Care Trust is notified by the FHSAA that it has considered—

(a) an appeal by a chemist against a contingent removal by the Primary Care Trust, and the FHSAA has decided to remove him instead; or

(b) an appeal by a chemist under regulation 30 where he has been included in a pharmaceutical list pursuant to regulation 21(8), and the FHSAA has decided not to include him in that list,

the Primary Care Trust shall remove the chemist from its list and shall notify the chemist immediately that it has done so.

(1)

Section 49G 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 49L 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 23.