Part 7Pharmaceutical services and local pharmaceutical services

Chapter 6Disqualification

159National disqualification

(1)

If the F1First-tier Tribunal removes the practitioner from a list, it may also decide to disqualify him from inclusion in—

(a)

the pharmaceutical lists prepared by F2the Board,

(b)

F3the supplementary lists prepared by F2the Board,

(c)

the lists under section 91, 106, or 123 prepared by F2the Board,

(d)

the lists under F4section 146F4section 147A prepared by F2the Board, or the lists corresponding to the lists under section 91 prepared by F2the Board by virtue of regulations made under section 145,

(e)

the lists corresponding to the lists mentioned in paragraphs (a) to (d) prepared by each Local Health Board under or by virtue of the National Health Service (Wales) Act 2006 (c. 42),

or only from inclusion in one or more descriptions of such lists prepared by F2the Board and each Local Health Board, the description being specified by the F1First-tier Tribunal in its decision.

(2)

A decision by the F1First-tier Tribunal to do what is mentioned in subsection (1) is referred to in this section as the imposition of a national disqualification.

(3)

The F1First-tier Tribunal may also impose a national disqualification on a practitioner if it dismisses an appeal by him against the refusal by F5the Board to include him in such a list.

(4)

F6The Board may apply to the F1First-tier Tribunal for a national disqualification to be imposed on a person after F7the Board has—

(a)

removed him from a list prepared by it of any of the kinds referred to in subsection (1)(a) to (d), or

(b)

refused to include him in such a list.

(5)

Any such application must be made before the end of the period of three months beginning with the date of the removal or of F8the Board's refusal.

(6)

If the F9First-tier Tribunal imposes a national disqualification on a person—

(a)

F10neither the Board nor a Local Health Board may include him in a list of any of the kinds prepared by it from which he has been disqualified from inclusion, and

(b)

if he is included in such a list, F11the Board (if he is included in a list prepared by it) and each Local Health Board in whose list he is included must remove him from it.

(7)

The F12First-tier Tribunal may at the request of the person upon whom it has been imposed review a national disqualification, and on a review may confirm it or revoke it.

(8)

Subject to subsection (9), the person may not request such a review before the end of the period of—

(a)

two years beginning with the date on which the national disqualification was imposed, or

(b)

one year beginning with the date of the F13First-tier Tribunal’s decision on the last such review.

(9)

The Secretary of State may provide in regulations for subsection (8) to have effect in prescribed circumstances as if the reference there to “two years” or “one year” were a reference to a different period specified in the regulations.