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

Limitation on withdrawal from pharmaceutical lists while fitness investigations or proceedings are ongoing U.K.

76.—(1) If [F1 NHS England] would otherwise remove an NHS chemist (C) from a pharmaceutical list under regulation 75, but—

(a) is investigating C in order to see whether there are grounds for exercising its powers in relation to C under section 151, 152 or 154 of the 2006 Act M1 (which relate to disqualification of practitioners, contingent removal and suspension), or regulation 80;

(b) has decided to—

(i) remove C from a pharmaceutical list under section 151 or 152 of the 2006 Act or regulation 80, or

(ii) contingently remove C under section 152 of the 2006 Act,

but C has not yet been removed or contingently removed; or

(c) has suspended C under section 154 of the 2006 Act,

it must not, without the consent of the Secretary of State, remove C from that pharmaceutical list under regulation 75 until the relevant investigation or proceedings have been concluded.

(2) If C's name is kept on a pharmaceutical list pursuant to paragraph (1)—

(a) as regards C, [F1 NHS England] may exercise its functions under—

(i) Part 11 of these Regulations, and

(ii) Chapter 6 of Part 7 of the 2006 Act (pharmaceutical services and local pharmaceutical services – disqualification); but

(b) for all other purposes, C is to be treated as having been removed from that pharmaceutical list under regulation 75.

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 154 has been amended by S.I. 2010/22.