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

Removal of listings: cases relating to remedial notices and breach notices U.K.

73.—(1)  [F1 NHS England] may remove an NHS chemist (C) from a pharmaceutical list, or remove the listing of particular listed chemist premises in relation to C, if C—

(a) fails to take the steps set out in a remedial notice that C must take, to the satisfaction of [F1 NHS England], in order to remedy the breach, and [F1 NHS England] is satisfied that it is necessary to remove C from the pharmaceutical list, or remove the listing of particular listed chemist premises in relation to C—

(i) to protect the safety of any persons to whom C may provide pharmaceutical services, or

(ii) to protect [F1 NHS England] from material financial loss; or

(b) has breached C's terms of service, and—

(i) C has repeatedly been issued with remedial notices or breach notices (or both) in relation to the relevant term of service,

(ii) previously been issued with a remedial notice or breach notice in relation to the relevant term of service, and [F1 NHS England] is satisfied that C is likely to persist in breaching the term of service without good cause, or

(iii) C has repeatedly been issued with remedial notices or breach notices (or both) in relation to different terms of service, and [F1 NHS England] is satisfied that C is likely to persist in breaching C's terms of service without good cause.

(2) For the purpose of paragraph (1), [F1 NHS England] may only remove—

(a) particular chemist premises from C's listing in a pharmaceutical list if the relevant breaches all relate to those particular chemist premises; or

(b) C from a particular pharmaceutical list if the relevant breaches all relate to listed chemist premises which are the only chemist premises listed in that pharmaceutical list in relation to C.

(3) [F1 NHS England] may only remove C, or chemist premises listed in relation to C, from a pharmaceutical list under paragraph (1) if—

(a) the removal is justifiable and proportionate, having regard to the nature and seriousness of the breaches (or likely breaches) and the reasons for them; and

(b) [F1 NHS England], when it notifies C of the decision, includes in the notice its duly justified reasons for the decision.

(4) [F1 NHS England] need not take into account the reasons for the breaches (or likely breaches), pursuant to paragraph (3)(a), if it has made every reasonable effort to communicate with C to discover the reasons but has been unable to discover them.

(5) [F1 NHS England] must not remove C, or chemist premises listed in relation to C, from a pharmaceutical list under paragraph (1) because—

(a) C has simply ceased to provide pharmaceutical services at particular listed chemist premises (regulation 74 applies in those circumstances); or

(b) of failure to provide, or to provide to a reasonable standard, a directed service, unless C is required to provide that service pursuant to a condition imposed by virtue of regulation 66(1) or (3) to (5) (and the removal is justifiable and proportionate etc.).

(6) Where [F1 NHS England] is considering removing C, or removing the listing of particular chemist premises listed in relation to C, from a pharmaceutical list under paragraph (1), it must—

(a) give notice to C, at least 30 days in advance of taking the decision, that [F1 NHS England] is minded to remove C or the premises from a pharmaceutical list;

(b) as part of that notification, advise C that C may make—

(i) written representations to [F1 NHS England] with regard to that action, provided C notifies [F1 NHS England] with those representations within 30 days beginning with the date of the notification by [F1 NHS England], and

(ii) oral representations to [F1 NHS England] with regard to that action, provided—

(aa) C notifies [F1 NHS England] of C's wish to do so within 30 days beginning with the date of the notification by [F1 NHS England], and

(bb) C (or a representative of C) attends the hearing that [F1 NHS England] arranges for the purpose of hearing those representations, which [F1 NHS England] must give C reasonable notice of; and

(c) consult any Local Pharmaceutical Committee whose area includes the particular listed chemist premises or C's only chemist premises on that pharmaceutical list.

(7) If [F1 NHS England] does decide to remove C, or to remove the listing of particular chemist premises listed in relation to C, from a pharmaceutical list under paragraph (1), it must, when it notifies C of that decision, include in that notification—

(a) a statement of the reasons for the decision; and

(b) an explanation of how C's rights of appeal under regulation 77(1)(d) may be exercised.

Textual Amendments

F1 Words 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