The National Health Service (Pharmaceutical Services) Regulations 2012

Breaches of terms of service: remedial notices

70.—(1) Where an NHS chemist (C) breaches a term of service and the breach is capable of remedy, the Primary Care Trust (PCT1) with which C has the arrangements to provide the pharmaceutical services to which the breach relates may by a notice (“a remedial notice”) require C to remedy the breach.

(2) To be valid, the remedial notice must include—

(a) the nature of the breach;

(b) the steps C must take, to the satisfaction of PCT1, in order to remedy the breach;

(c) the period (“the notice period”) during which the steps must be taken; and

(d) an explanation of how C’s rights of appeal under regulation 77(1)(a) may be exercised.

(3) The notice period must be not less than 30 days, unless PCT1 is satisfied that a shorter period is appropriate—

(a) to protect the safety of any persons to whom C may provide pharmaceutical services; or

(b) to protect PCT1 from material financial loss.

(4) If the breach relates to a failure to provide, or a failure to provide to a reasonable standard, a service that C is required to provide, the remedial notice may provide that—

(a) as regards the period during which there was a failure to provide, or a failure to provide to a reasonable standard, that service, PCT1 is to withhold all or part of the remuneration due to C in respect of that period under the Drug Tariff or a determination as mentioned in regulation 91(2);

(b) pending C taking the steps that C must take, to the satisfaction of PCT1, in order to remedy the breach, PCT1 is to withhold all or part of the remuneration due to C under the Drug Tariff or a determination as mentioned in regulation 91(2), and in these circumstances—

(i) as regards any period for which C remains in breach, any withholding that is attributable to that period is to be permanent, and

(ii) once C has taken the steps that C must take, to the satisfaction of PCT1, any withholding that has taken place which is attributable to a period when C is no longer in breach is to be restored to C, provided that C submits a claim, in accordance with the Drug Tariff or a determination as mentioned in regulation 91(2), for restoration of the withheld remuneration attributable to that period.

(5) The remedial notice may only provide for the withholding of all or part of the remuneration payable under a determination as mentioned in regulation 91(2) where the breach relates to a failure to provide, or a failure to provide to a reasonable standard, an enhanced service.

(6) The period referred to in paragraph (4)(b)(i) may be a longer period than the notice period.

(7) If PCT1 refuses to restore all or part of any withheld remuneration which is claimed under paragraph (4)(b)(ii), it must notify C of that decision as soon as is practicable, and that notification must include—

(a) a statement of the reasons for the decision; and

(b) an explanation of how C’s rights of appeal under regulation 77(1)(b) may be exercised.