The National Health Service (Pharmaceutical Services) Regulations 2005

Withdrawals from the list

53.—(1) Subject to paragraphs (2) to (4), the Primary Care Trust shall, on receiving any notice from any chemist pursuant to paragraph 35 of Schedule 1 or paragraph 22 of Schedule 3, so amend its pharmaceutical list either—

(a) on the date notified by him in accordance with paragraph 35 of Schedule 1 or paragraph 22 of Schedule 3; or

(b) on the date from which it has agreed that the withdrawal shall take effect,

whichever is the earlier.

(2) Where a Primary Care Trust is investigating a chemist—

(a) for the purpose of deciding whether or not to exercise its powers under section 49F (disqualification of practitioners), 49G (contingent removal) or 49I (suspension) of the Act;

(b) in order to see whether the chemist has failed to comply with a condition imposed on his inclusion under regulation 21, 30, 42 or 43 so as to justify his removal from the pharmaceutical list; or

(c) who has been suspended under section 49I(1)(a) of the Act,

the chemist may not withdraw from any lists in which he is included, except where the Secretary of State has given his consent, until the matter has been finally determined by the Primary Care Trust.

(3) A chemist may withdraw a notice given pursuant to paragraph 35 of Schedule 1 or paragraph 22 of Schedule 3 at any time before the Primary Care Trust removes his name from its pharmaceutical list.

(4) Where a Primary Care Trust has decided to remove a chemist from its pharmaceutical list under section 49F or 49G of the Act, or contingently remove him under section 49G of the Act, or remove him for breach of a condition imposed on inclusion under regulation 44, but has not yet given effect to its decision, the chemist may not withdraw from any list in which he is included, except where the Secretary of State has given his consent.

(5) Where a Primary Care Trust has suspended a chemist under section 49I(1)(b) of the Act, the chemist may not withdraw from any of a Primary Care Trust’s lists in which he is included, except where the Secretary of State has given his consent, until the decision of the relevant court or body is known and the matter has been considered and finally determined by the Primary Care Trust.