69.—(1) Subject to paragraph (3), before issuing a notice under regulation 70 or 71, [F1NHS England] must make every reasonable effort to communicate and co-operate with an NHS chemist (C) with a view to resolving any dispute between C and [F1NHS England] relating to C's compliance with C's terms of service.
(2) Where an NHS pharmacist invites a Local Pharmaceutical Committee to participate in the attempts to resolve the dispute, [F1NHS England] must make every reasonable effort to communicate and co-operate with the Committee in its attempts to assist in resolving the dispute.
(3) Paragraphs (1) and (2) do not apply where [F1NHS England] is satisfied—
(a)the dispute relates to a matter that has already been the subject of dispute resolution between [F1NHS England] (or a Primary Care Trust) and C and there are no new issues of substance that justify delay in issuing a notice under regulation 70 or 71; or
(b)that it is appropriate to proceed immediately to issuing a notice under regulation 70 or 71—
(i)because listed chemist premises are not, or have not been, open during core opening hours or supplementary opening hours without good cause[F2, [F1NHS England] having made reasonable efforts to communicate with C with a view to establishing what the cause was],
(ii)to protect the safety of any persons to whom C may provide pharmaceutical services, or
(iii)to protect [F1NHS England] from material financial loss.
Textual Amendments
F1Words 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
F2Words in reg. 69(3)(b)(i) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 3(2)