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

Removal of listings: cases relating to death, incapacity or cessation of service U.K.

74.—(1) Subject to paragraphs (2) and (4), if an NHS chemist (C)—

(a) dies;

(b) in the case of an NHS pharmacist, ceases to carry on a retail pharmacy business; or

(c) in the case of an NHS appliance contractor, ceases to carry on a business in the course of which C supplies appliances either by retail sale or in circumstances corresponding to retail sale,

[F1 NHS England] must remove C from the relevant pharmaceutical lists.

(2) Paragraph (1)(a) or (b) shall not apply in the case of an NHS pharmacist, if—

(a) a representative of C (as defined in section 72 of the 1968 Act M1 (representative of pharmacist in case of death or disability)) is carrying on the retail pharmacy business of C that is included in the relevant pharmaceutical list (“the business”);

(b) the conditions specified in section 72(2) of the 1968 Act are fulfilled in relation to the representative and the business;

(c) the period applicable in accordance with section 72(3) of the 1968 Act has not expired; and

(d) the representative has agreed to be bound by, and continues to agree to be bound by, C's terms of service.

(3) If [F1 NHS England] determines that C has not, during the preceding 6 months, provided pharmaceutical services at chemist premises (“the particular premises”) listed in a particular pharmaceutical list—

(a) if there are other chemist premises listed in that pharmaceutical list in relation to C, [F1 NHS England] must remove the listing of the particular premises from that list; or

(b) if there are no other chemist premises listed in that pharmaceutical list in relation to C, [F1 NHS England] must remove C from that list.

(4) When determining, for the purposes of paragraph (1) or (3), whether C has ceased to carry on a business or ceased to provide pharmaceutical services, no account is to be taken of any time spent by C—

(a) suspended from a relevant pharmaceutical list;

(b) in whole-time service in the armed forces of the Crown in a national emergency;

(c) in compulsory whole-time service in the armed forces of the Crown (including service resulting from reserve liability); or

(d) where C is liable for compulsory whole-time service in the armed forces of the Crown, in any equivalent service,

and in a case of C ceasing to carry on a business, no account is to be taken of the first 6 months after C completes that whole-time service in the armed forces of the Crown or equivalent service.

(5) Before taking a decision to remove C, or chemist premises listed in relation to C, from a pharmaceutical list under paragraph (1) or (3), [F1 NHS England] must—

(a) give notice to C (or, in appropriate circumstances, a person whom [F1 NHS England] reasonably believes is representing C or is an executor of C) of the decision that [F1 NHS England] is minded to take;

(b) as part of that notification, advise C (or the representative or executor) that they may make—

(i) written representations to [F1 NHS England] with regard to that action, provided they notify [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) they notify [F1 NHS England] of their wish to do so within 30 days beginning with the date of the notification by [F1 NHS England], and

(bb) C (or the representative or executor, or someone representing the representative or executor) 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 chemist premises that [F1 NHS England] is minded to remove from the pharmaceutical list.

(6) If [F1 NHS England] does decide to remove C, or chemist premises listed in relation to C, from a pharmaceutical list under paragraph (1) or (3), 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

Marginal Citations

M1 Section 72 has been amended by: the Insolvency Act 1985 (c. 65), Schedule 8, paragraph 15; the Insolvency Act 1986 (c. 45), Schedule 14; the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 12, and Schedule 6; the Mental Incapacity Act 2005 (c. 9), Schedule 6, paragraph 14; the Health Act 2006 (c. 28), section 29; and S.I. 1989/ 2405, 2007/289 and 2010/231.