The National Health Service (Pharmaceutical Services) Regulations 2005

Removal from pharmaceutical lists

45.—(1) This regulation does not apply to any case to which regulation 44 or 48 applies.

(2) Where a Primary Care Trust determines that a person included in its pharmaceutical list—

(a) has died; or

(b) is no longer a chemist,

the Primary Care Trust shall, subject to paragraph (4), remove his name from that list.

(3) Where a chemist provides local pharmaceutical services under a pharmacy pilot scheme, and no longer provides pharmaceutical services, the Primary Care Trust shall remove his name from its pharmaceutical list.

(4) The name of any pharmacist whose business is carried on by representatives in accordance with the provisions of section 72 of the Medicines Act 1968 shall not be removed from the pharmaceutical list under paragraph (2) so long as the business is carried on by them in accordance with the provisions of that Act, and the representatives agree to be bound by the terms of service.

(5) Where a Primary Care Trust receives a notice under regulation 39(12), it shall remove the name of the chemist from its pharmaceutical list in respect of the existing premises with immediate effect from the date specified in the notice as the date for commencing the provision of pharmaceutical services from the new premises.

(6) Where a chemist who had been suspended has resumed the provision of pharmaceutical services from premises other than those from which he had provided services prior to his suspension, the Primary Care Trust shall remove his name from its pharmaceutical list in respect of the premises from which he no longer provides pharmaceutical services.

(7) Where a Primary Care Trust determines that a chemist, whose name has been included for the preceding six months in a pharmaceutical list, has not during that period provided pharmaceutical services at particular premises, it may remove the chemist’s name from the list in respect of those premises.

(8) Where a Primary Care Trust determines that a chemist has breached a condition imposed by—

(a) regulation 13(2)(a), it shall, subject to regulation 13(2)(b), remove that chemist from the list in respect of the premises to which that condition relates; or

(b) regulation 13(4), it shall remove that chemist from the list in respect of the premises to which that condition relates.

(9) A period during which the chemist provided no pharmaceutical services by reason only that he was suspended from the pharmaceutical list does not count towards the period of six months referred to in paragraph (7).

(10) Before making any determination under paragraph (7) or (8), the Primary Care Trust shall—

(a) give the chemist 28 days' notice of its intention;

(b) afford the chemist an opportunity of making representations to the Primary Care Trust in writing or, if he so desires, in person; and

(c) consult the Local Pharmaceutical Committee.

(11) Where under paragraph (7) or (8) the Primary Care Trust decides to remove a chemist’s name from its pharmaceutical list, it shall give notice in writing of its decision to the chemist.

(12) A chemist to whom a notice has been given under paragraph (11) may, within 30 days of receiving the notice, appeal to the Secretary of State against the decision of the Primary Care Trust and the Primary Care Trust shall not remove the chemist’s name from the pharmaceutical list until—

(a) if no appeal is made, the expiration of that period of 30 days; or

(b) if an appeal is made, the appeal is determined.

(13) An appeal under paragraph (12) shall be in writing and shall set out the grounds of appeal.

(14) Where the Secretary of State allows the appeal, he shall direct the Primary Care Trust not to remove the chemist’s name from the pharmaceutical list.

(15) Nothing in this regulation shall—

(a) prejudice the right of a chemist to be included again in a pharmaceutical list; or

(b) affect a chemist who is performing a period of relevant service within the meaning of paragraph (16), and no removal under paragraph (7) shall be effected in respect of any such chemist until six months after he has completed that service.

(16) In paragraph (15), “relevant service” means—

(a) whole-time service in the armed forces of the Crown in a national emergency, whether as a volunteer or otherwise;

(b) compulsory whole-time service in those forces, including service resulting from any reserve liability; or

(c) any equivalent service by a person liable for compulsory whole-time service in those forces.