The National Health Service (Pharmaceutical Services) Regulations 2012

Procedure for suspensions in fitness cases

83.—(1) Where a Primary Care Trust (PCT1) is considering suspending an NHS chemist (C) from its pharmaceutical list under section 154(1) or section 155(2) of the 2006 Act(1) (which relate to suspension and suspension pending appeal), before reaching its decision, it 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) where PCT1 is considering taking action under section 154(1), inform C of any allegation against C, and

(ii) advise C that C may make oral representations to PCT1 with regard to the possible suspension on a specified day, provided C notifies PCT1 of C’s wish to do so within a specified period (of not less than 24 hours).

(2) If, within the specified period—

(a) C does not advise PCT1 that C wishes to make oral representations to PCT1 on the specified day, thereafter PCT1 may suspend C with immediate effect; or

(b) C does advise PCT1 that C wishes to make oral representations to PCT1 on the specified day, PCT1 must not suspend C until after the oral hearing, but may then do so with immediate effect.

(3) Once PCT1 has taken its decision, it must notify C of its decision as soon as is practicable, and it must include with the notification of its decision an explanation of—

(a) the reasons for the decision;

(b) if PCT1 has decided to suspend C under section 154(1), the arrangements for review of the suspension under section 157(1) of the 2006 Act (review of decisions).

(1)

Sections 154 and 155 have been amended by S.I. 2010/22.