- Latest available (Revised)
- Point in Time (28/02/2024)
- Original (As enacted)
Point in time view as at 28/02/2024.
National Health Service Act 2006, Section 147A is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Regulations may make provision for the preparation, maintenance and publication by [F2NHS England] of one or more lists of—
(a)persons approved by [F2NHS England] for the purpose of assisting in the provision of pharmaceutical services which [F2NHS England] arranges;
(b)persons approved by [F2NHS England] for the purpose of performing local pharmaceutical services.
(2)The regulations may, in particular, provide that—
(a)a person of a prescribed description may not assist in the provision of pharmaceutical services which [F2NHS England] arranges unless the person is included in a list prepared by virtue of subsection (1)(a),
(b)a person of a prescribed description may not perform local pharmaceutical services unless the person is included in a list prepared by virtue of subsection (1)(b).
(3)The regulations may, in particular, also include provision as to—
(a)the preparation, maintenance and publication of a list,
(b)eligibility for inclusion in a list,
(c)applications for inclusion (including provision for the procedure for applications and the documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
(d)the grounds on which an application for inclusion may or must be granted or refused or on which a decision on such an application may be deferred,
(e)requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits),
(f)the grounds on which [F2NHS England] may or must suspend or remove a person from a list, the procedure for doing so, and the consequences of doing so,
(g)circumstances in which a person included in a list may not withdraw from it,
(h)payments to or in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed by the Secretary of State),
(i)the supply to [F2NHS England] by an applicant for inclusion in a list, or by a person included in a list, of a criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under [F3section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act,]
(j)the criteria to be applied in making decisions under the regulations,
(k)appeals against decisions made by [F2NHS England] under the regulations, and
(l)disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals,
and may make any provision corresponding to anything in sections 151 to 159.
(4)Regulations under this section may, in particular, also provide that approval for the purposes of either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to be read accordingly).
(5)Regulations under this section may, in particular, also provide for—
(a)a person's inclusion in a list to be subject to conditions determined by [F2NHS England],
(b)[F2NHS England] to vary the conditions or impose different ones,
(c)the consequences of failing to comply with a condition (including suspension or removal from a list),
(d)the review by [F2NHS England] of decisions made by it by virtue of the regulations.
(6)The imposition of such conditions must be with a view to—
(a)preventing any prejudice to the efficiency of the services to which a list relates, or
(b)preventing any acts or omissions of the type described in section 151(3)(a).
(7)If the regulations provide under subsection (3)(f) or (5) that [F2NHS England] may suspend or remove a person (P) from a list, they must include provision—
(a)requiring P to be given notice of any allegation against P,
(b)giving P the opportunity of putting P's case at a hearing before [F2NHS England] makes any decision as to P's suspension or removal, and
(c)requiring P to be given notice of the decision of [F2NHS England], the reasons for it and any right of appeal under subsection (8) or (9).
(8)If the regulations provide under subsection (3)(d) or (f) that [F2NHS England] may refuse a person's application for inclusion in a list, or remove a person from one, the regulations must provide for an appeal to the First-tier Tribunal against the decision of [F2NHS England].
(9)If the regulations make provision under subsection (5), they must provide for an appeal by the person in question to the First-tier tribunal against the decision of [F2NHS England]—
(a)to impose conditions, or any particular condition,
(b)to vary a condition,
(c)to remove the person from the list for breach of condition,
(d)on any review of an earlier such decision of [F2NHS England].
(10)Regulations making provision as to the matters referred to in subsection (3)(l) may, in particular, authorise the disclosure of information—
(a)by [F2NHS England] to the Secretary of State, and
(b)by the Secretary of State to [F2NHS England].]
Textual Amendments
F1Pt. 7 Ch. 4A inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 208(2), 306(1)(d)(4)
F2Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Words in s. 147A(3)(i) substituted (17.6.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 123 (with s. 97); S.I. 2013/1180, art. 2(e)(v)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: