Part 7Pharmaceutical services and local pharmaceutical services
Chapter 6Disqualification
158Appeals
(1)
(2)
The Primary Care Trust decisions in question are—
(a)
to remove the practitioner from a list (under section 151 or 152(3) or under subsection (5)(b) of this section),
(b)
to remove him contingently (under section 152),
(c)
to impose any particular condition under section 152, or to vary any condition or to impose any different condition under that section,
(d)
to vary his terms of service (under section 152(4)),
(e)
any decision on a review of a contingent removal under section 157.
(3)
The appeal must be way of redetermination of the decision of the Primary Care Trust.
(4)
On an appeal, the F3First-tier Tribunal may make any decision which the Primary Care Trust could have made.
(5)
If the F4First-tier Tribunal decides to remove the practitioner contingently—
(a)
the Primary Care Trust and the practitioner may each apply to the F4First-tier Tribunal for the conditions imposed on the practitioner to be varied, for different conditions to be imposed, or for the contingent removal to be revoked, and
(b)
the Primary Care Trust may remove him from its list if it determines that he has failed to comply with a condition.
(6)
The Primary Care Trust may not remove a person from a list, or impose a contingent removal—
(a)
until the expiry of the period of 28 days referred to in subsection (1), or
(b)
if the practitioner appeals within that period, until the F5First-tier Tribunal has disposed of the appeal.
(7)
Regulations may provide for payments by Primary Care Trusts to practitioners who are removed from lists pursuant to decisions of the F6First-tier Tribunal under this section, but whose appeals against those decisions are successful.
(8)
Regulations under subsection (7) may include provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State.