The National Health Service (Pharmaceutical Services) Regulations 2012

Granting applications for inclusion in a pharmaceutical list subject to efficiency conditions and conditions to combat fraud

35.—(1) An application for inclusion in a pharmaceutical list by a person (P) who is not already included may be granted subject to a condition of a type mentioned in paragraph (3), which is determined by the Primary Care Trust and which the Primary Care Trust decides to impose with regard to P.

(2) The Primary Care Trust may vary the terms of service of an NHS chemist for the purpose of or in connection with the imposition of the condition.

(3) A condition imposed under paragraph (1) must be a condition with a view to—

(a) preventing any prejudice to the efficiency of the services, or any of the services, which P has undertaken to provide; or

(b) preventing any act or omission within section 151(3)(a) of the 2006 Act (disqualification of practitioners).

(4) If a Primary Care Trust decides to grant an application subject to a condition imposed under paragraph (1), it must notify P of that decision and it must include with the notification an explanation of—

(a) the reasons for the decision;

(b) P’s right of appeal against its decision to the First-tier Tribunal;

(c) the time limit within which, in accordance with the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008(1), the application notice must be sent to the Tribunal if an appeal is to be brought; and

(d) the effect of paragraph (5).

(5) If P issues a notice of commencement before the First-tier Tribunal has determined an appeal against a condition imposed under paragraph (1), P is to be included in the pharmaceutical list subject to the condition, but only pending the outcome of the appeal if the appeal is successful.

(6) The appeal is to be by way of redetermination of—

(a) the decision of the Primary Care Trust to impose the condition; and

(b) if P has, at the time the appeal is determined, been included in the pharmaceutical list, any decision under paragraph (2) to vary the terms of service of P for the purpose of or in connection with the imposition of the condition.

(7) If at the time the appeal is determined, P has not been included in the pharmaceutical list, and—

(a) the First-tier Tribunal confirms the decision of the Primary Care Trust; or

(b) imposes a different condition,

P must, within 30 days of P being notified of the First-tier Tribunal’s decision, notify the Primary Care Trust as to whether or not P wishes to withdraw P’s application

(8) If P fails, in the circumstances described in paragraph (7), to notify the Primary Care Trust within that 30 days that P does not wish to withdraw P’s application, the grant of P’s application lapses.

(1)

S.I. 2008/2699 (L 16); see rule 19 of those Rules.