The National Health Service (Pharmaceutical Services) Regulations 2012

Other continuing matters: NHS chemists

12.—(1) A pharmaceutical list or ETP list of a Primary Care Trust that is the current list immediately before the appointed day is also the current pharmaceutical or EPS list at the start of the appointed day, unless the Primary Care Trust is required or entitled to give effect to a decision reached before the appointed day to change, remove or include an entry the list from the start of the appointed day, in which case the current list at the start of the appointed day is the list as modified to give effect to that decision.

(2) Subject to sub-paragraph (3), as regards the resolution of any matter arising under the 2005 Regulations and relating to—

(a) compliance with the terms of service of a chemist before the appointed day (whether compliance by the chemist or a Primary Care Trust); or

(b) an ongoing matter that arose before the appointed day and relates to changing or removing any entry in a pharmaceutical list by virtue of a provision of the 2005 Regulations (other than pursuant to an application under regulation 5(1), 40(1) or 54(2) of those Regulations, as regulation 3 applies in those cases),

that matter is to be resolved in accordance with the relevant provisions of the 2005 Regulations, and where applicable the SCAT Regulations and the Drug Tariff.

(3) Sub-paragraph (2) is without prejudice to the ability of Primary Care Trust to commence proceedings under Chapter 6 of Part 7 of the 2006 Act on or after the appointed day that relate to matters arising before the appointed day (potentially together with matters arising on or after the appointed day), but any decisions in those proceedings are be reached in accordance with the relevant provisions of these Regulations (and that Chapter 6).

(4) Decisions and reviews of decisions in any proceedings commenced under Chapter 6 of Part 7 of the 2006 Act before the appointed day are to continue to be reached in accordance with the relevant provisions of the 2005 Regulations (and that Chapter 6), except in the case of a review of a decision where the request by the practitioner for a review is made on or after the appointed day (such a review is to be in accordance with the relevant provisions of these Regulations and that Chapter 6).

(5) Where a person was suspended from a pharmaceutical list by virtue of Chapter 6 of Part 7 of the 2006 Act before the appointed day, decisions on payments in respect of the period of suspension that preceded the appointed day, and any appeals relating to those decisions, are to be in accordance with the 2005 Regulations and with the determinations under regulation 58 of the 2005 Regulations(1) (payments to suspended chemists) that were in force immediately before the appointed day.

(6) Any direction or approval under a provision of Schedule 1 or 3 to the 2005 Regulations is to continue in effect as a direction or approval under the corresponding provision of Schedule 4 or 5 to these Regulations, until amended or revoked by virtue of that corresponding provision or sub-paragraph (1).

(1)

Prior to its repeal, regulation 58 was amended by S.I. 2006/3373.