The National Health Service (Pharmaceutical Services) Regulations 2005

Procedure on review of Primary Care Trust decision

51.—(1) Where, in accordance with section 49L (review of decisions) of the Act, a Primary Care Trust must review its decision to contingently remove a chemist from the pharmaceutical list or suspend a chemist from the pharmaceutical list under section 49I (suspension) of the Act, or where it decides to review such a decision, it shall give the chemist—

(a) notice in writing that it intends to review its decision;

(b) notice of the decision it is minded to take upon review, and the reasons for it;

(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 (a); 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 shall inform the chemist of its decision, the reasons for it (including any facts relied upon), and any right of appeal to the FHSAA.

(4) The Primary Care Trust shall inform the chemist that if he wishes to exercise a right of 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.

(5) The Primary Care Trust shall also notify the chemist of his right to have the decision further reviewed in accordance with section 49L of the Act.