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

Procedure for suspensions in fitness cases U.K.

83.—(1) Where [F1 NHS England] is considering suspending an NHS chemist (C) from a pharmaceutical list under section 154(1) or section 155(2) of the 2006 Act M1 (which relate to suspension and suspension pending appeal), before reaching its decision, it must—

(a) notify C of the action [F1 NHS England] is considering taking and its grounds for considering taking that action; and

(b) as part of that notification—

(i) where [F1 NHS England] is considering taking action under section 154(1), inform C of any allegation against C, and

(ii) advise C that C may make oral representations to [F1 NHS England] with regard to the possible suspension on a specified day, provided C notifies [F1 NHS England] of C's wish to do so within a specified period (of not less than 24 hours).

(2) If, within the specified period—

(a) C does not advise [F1 NHS England] that C wishes to make oral representations to [F1 NHS England] on the specified day, thereafter [F1 NHS England] may suspend C with immediate effect; or

(b) C does advise [F1 NHS England] that C wishes to make oral representations to [F1 NHS England] on the specified day, [F1 NHS England] must not suspend C until after the oral hearing, but may then do so with immediate effect.

(3) Once [F1 NHS England] has taken its decision, it must notify C of its decision as soon as is practicable, and it must include with the notification of its decision an explanation of—

(a) the reasons for the decision;

(b) if [F1 NHS England] has decided to suspend C under section 154(1), the arrangements for review of the suspension under section 157(1) of the 2006 Act M2 (review of decisions).

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 the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”), Schedule 4, paragraph 81, and by S.I. 2010/22. Section 155 has been amended by the 2012 Act, Schedule 4, paragraph 82, and by S.I. 2010/22.

M2 Section 157 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 83, and by S.I. 2010/22.