The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

Review of decisions to impose fitness conditions originally imposed on grants of applications U.K.

79.—(1) Where the NHSCB has imposed a condition on an NHS chemist (C) under regulation 35 (or thereafter under this regulation), or a Primary Care Trust has imposed a condition on C under regulation 35 or 79 of the 2012 Regulations (which relate to fitness conditions and conditions to combat fraud), the NHSCB may review the decision to impose the condition—

(a) at its own volition; or

(b) where requested to do so by C, but C may not make such a request—

(i) in the case of the first such request, until at least 3 months have elapsed since C was included in the relevant pharmaceutical list, or

(ii) thereafter, until at least 6 months have elapsed since the NHSCB (or a Primary Care Trust) determined the outcome of the previous review.

(2) If the NHSCB is undertaking the review of its own volition, it must inform C that it is doing so.

(3) As part of any review under paragraph (1), the NHSCB must afford C an opportunity to make representations to it in writing.

(4) As a result of the review, the NHSCB may remove the condition, leave the condition unchanged, vary the condition or impose a different condition, but any varied or different condition must be a condition with a view to—

(a) preventing any prejudice to the efficiency of the services, or any of the services, which C has undertaken to provide; or

(b) preventing any act or omission within section 151(3)(a) of the 2006 Act (disqualification of practitioners).

(5) The NHSCB must notify C of a decision under paragraph (4), and it must include with the notification an explanation of—

(a) the reasons for the decision;

(b) C's right of appeal against its decision on the review to the First-tier Tribunal (which C has by virtue of this sub-paragraph);

(c) the time limit within which, in accordance with the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 M1 , the application notice must be sent to the Tribunal if an appeal is to be brought; and

(d) the continuing application of the condition that applied prior to the review, if there is an appeal, pending the outcome of the appeal.

(6) If the outcome of the review is that the condition is to be varied or a different decision is to be imposed, that decision is to take effect—

(a) if no appeal is brought against the decision, once the period for bringing an appeal has elapsed; or

(b) if an appeal is brought against the decision, and the decision of the NHSCB is not changed by the First-tier Tribunal, once the First-tier Tribunal has determined the appeal (if the First-tier Tribunal takes a different decision to the decision taken by the NHSCB, that decision takes effect upon the taking of that decision, unless the First-tier Tribunal directs otherwise).

Marginal Citations

M1 S.I. 2008/2699 (L 16); see rule 19 of those Rules.