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4. After regulation 9 of the principal Regulations insert—
9A.—(1) The Board shall make payments to any pharmacist who is suspended by direction of the Tribunal in accordance with the Secretary of State’s determination in relation to such payments.
(2) The Secretary of State shall make the determination in accordance with paragraph (3) after consultation with the organisation referred to in regulation 9, and it shall be published with the Drug Tariff.
(3) The determination may be amended from time to time by the Secretary of State, after consultation with the organisation referred to in paragraph (2), and any amendments shall also be published with the Drug Tariff.
(4) Subject to paragraphs (5) and (6), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, and after making adjustments for any reduction in expenses, the suspended pharmacist receives payments at a rate corresponding to his remuneration under the Drug Tariff (but excluding any payments made by virtue of regulation 9(g)) during the 12 months ending with the direction for suspension by the Tribunal.
(5) The Secretary of State’s determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.
(6) In a case to which section 32B(3)(1) of the Act applies, the determination shall provide for the payments to be reduced to take account of any payments which the suspended pharmacist receives for providing pharmaceutical services other than as a principal.”.
Section 32B was inserted by section 8 of the National Health Service (Amendment) Act 1995 (c. 31).
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