The National Health Service (Pharmaceutical Services) Regulations 2005

Review of decision to impose conditions

42.—(1) Where a Primary Care Trust has made a decision to impose conditions in accordance with regulation 21, it may review such a decision, either of its own volition or at the request of the person whose application has been granted subject to conditions.

(2) A person whose application has been granted subject to conditions may not request a review of a Primary Care Trust’s decision until the expiry of a three month period beginning with the date the Primary Care Trust—

(a) includes his name on its pharmaceutical list; or

(b) grants him preliminary consent,

as the case may be.

(3) A Primary Care Trust must afford to the person whose application has been granted subject to conditions an opportunity to make written representations to the Primary Care Trust or to put his case at an oral hearing before the Primary Care Trust, and it must take the representations into account, or hold the hearing, as the case may be, before reaching its decision upon review.

(4) Upon review, the Primary Care Trust may vary the conditions, impose different conditions or, where the chemist has breached a condition, remove him from its pharmaceutical list.

(5) A Primary Care Trust shall inform the chemist of its decision upon review, the reasons for it (including any facts relied upon), and his right of appeal to the FHSAA.

(6) After a review has taken place at his request, the person whose application has been granted subject to conditions cannot request another review before the expiry of six months from the date of the decision on the previous review.