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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, Section 71 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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71.—(1) Where an NHS chemist (C) breaches a term of service and the breach is not capable of remedy, [F1NHS England] may by a notice (“a breach notice”) require C not to repeat the breach.
(2) To be valid, the breach notice must include—
(a)the nature of the breach; and
(b)an explanation of how C's rights of appeal under regulation 77(1)(c) may be exercised.
(3) If the breach relates to a failure to provide, or a failure to provide to a reasonable standard, a service that C is required to provide, the breach notice may provide that, as regards the period during which there was a failure to provide, or a failure to provide to a reasonable standard, that service, [F1NHS England] is to withhold all or part of the remuneration due to C under the Drug Tariff or a determination as mentioned in regulation 91(6) in respect of that period.
(4) The breach notice may only provide for the withholding of all or part of the remuneration payable under a determination as mentioned in regulation 91(6) where the breach relates to a failure to provide, or a failure to provide to a reasonable standard, an enhanced service.
[F2(5) [F1NHS England] may rescind a breach notice at any time.]
Textual Amendments
F1Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2Reg. 71(5) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 5(2)
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