The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

Persons permitted to be parties to LPS schemes: fitness criteria U.K.

105.—(1) The NHSCB may only be a party to an LPS scheme with the following—

(a) an individual who does not fall within paragraph (2);

(b) a partnership (other than a limited liability partnership) where each partner does not fall within paragraph (2);

(c) a body corporate where—

(i) the body corporate, and

(ii) any director, chief executive, superintendent or company secretary of the body corporate,

do not fall within paragraph (2).

(2) A person (P) falls within this paragraph if—

(a) P is the subject of a national disqualification;

(b) Subject to paragraph (3), P is disqualified or suspended (other than by an interim suspension order or a direction pending investigation) from practising by a licensing or regulatory body anywhere in the world;

(c) P has, within 5 years of the date on which either P would be due to start participating in the LPS scheme, or (if earlier) commits to participating in the scheme, been refused admission to a relevant list for a reason that amounts to inefficiency, fraud or unsuitability (as understood by reference to the conditions in section 151(2) to (4) of the 2006 Act) (disqualification of practitioners), unless P has subsequently been included in a relevant list;

(d) P has been convicted in the United Kingdom of murder;

(e) P has been convicted in the United Kingdom of a criminal offence other than murder—

(i) which was committed on or after 1st April 2006, and

(ii) for which P has been sentenced to a term of imprisonment of over 6 months;

(f) subject to paragraph (4), P has elsewhere than the United Kingdom been convicted of an offence which, if committed in England or Wales—

(i) would constitute murder, or

(ii) would constitute a criminal offence, and

(aa) which was committed on or after 1st April 2006, and

(bb) for which P has been sentenced to a term of imprisonment of over 6 months;

(g) P has been convicted of an offence referred to in—

(i) Schedule 1 to the Children and Young Persons Act 1933 M1 (offences against children and young persons with respect to which special provisions of the Act apply), or

(ii) Schedule 1 to the Criminal Procedure (Scotland) Act 1995 M2 (offences against children under the age of 17 years to which special provisions apply),

which was committed on or after 1st April 2006;

(h) P—

(i) has been [F1 made] bankrupt and has not been discharged from the bankruptcy,

(ii) is a person in relation to whom a moratorium period under a debt relief order under Part 7A of the Insolvency Act 1986 M3 (debt relief orders) applies,

(iii) is the subject of a bankruptcy restrictions order, an interim bankruptcy restrictions order, a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4A or 4ZB to the Insolvency Act 1986 M4 or Schedule 2A of the Insolvency (Northern Ireland) Order 1989 M5 (which relate to bankruptcy and debt relief restrictions orders and undertakings),

(iv) if P is a body corporate, has been wound up under Part 4 of the Insolvency Act 1986;

(v) has made a composition or arrangement with, or granted a trust deed for, P's creditors and P has not been discharged in respect of it;

(i) in respect of P there is—

(i) an administrator, administrative receiver or receiver appointed, or

(ii) an administration order under Schedule B1 to the Insolvency Act 1986 M6 (administration);

(j) P has, within 5 years of the date on which either P would be due to start participating in the LPS scheme or (if earlier) commits to participating in the scheme, been removed—

(i) from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners, the Charity Commission, the Charity Commission for Northern Ireland or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity—

(aa) for which the person was responsible or to which the person was privy, or

(bb) which the person by their conduct contributed to or facilitated, or

(ii) under—

(aa) section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M7 (powers of Court of Session to deal with management of charities), or

(bb) section 34(5)(e) or (ea) of the Charities and Trustee Investment (Scotland) Act 2005 M8 (powers of the Court of Session),

from being concerned with the management or control of any body;

(k) P has, within 5 years of the date on which either P would be due to start participating in the LPS scheme or (if earlier) commits to participating in the scheme, been subject to—

(i) a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 M9 or the Company Directors Disqualification (Northern Ireland) Order 2002 M10 , or

(ii) an order made under section 429(2) of the Insolvency Act 1986 M11 (disabilities on revocation of a county court administration order); or

(l) P has, in the case of an individual, refused to comply with a request from the NHSCB for P to be medically examined on the grounds that the NHSCB is concerned that P is incapable of adequately providing services under the scheme.

(3) A person does not fall within paragraph (2)(b) if the NHSCB is satisfied that the disqualification or suspension imposed by a licensing or regulatory body outside the United Kingdom does not make P unsuitable to be—

(a) a party to an LPS scheme; or

(b) in the case of an LPS scheme made with a body corporate, a director, chief executive, superintendent or company secretary of a party to an LPS scheme.

(4) A person does not fall within paragraph (2)(f) where the NHSCB is satisfied that the conviction does not make P unsuitable to be—

(a) a party to an LPS scheme; or

(b) in the case of an LPS scheme with a body corporate, a director, chief executive, superintendent or company secretary of a party to an LPS scheme.

Textual Amendments

F1 Word in art. 105(2)(h)(i) substituted (6.4.2016) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Bankruptcy) and the Small Business, Enterprise and Employment Act 2015 (Consequential Amendments) Regulations 2016 (S.I. 2016/481), reg. 1, Sch. 2 para. 13

Marginal Citations

M1 1933 c. 12. Schedule 1 has been amended by: the Sexual Offences Act 1956 (c. 69), Schedule 4; the Criminal Justice Act 1988 (c. 33), Schedule 15, paragraph 8, and Schedule 16; the Sexual Offences Act 2003 (c. 42), Schedule 6, paragraph 7; the Domestic Violence, Crime and Victims Act 2004 (c. 28), Schedule 10, paragraph 2; the Coroners and Justice Act 2009 (c. 25), Schedule 21, paragraph 53; and the Protection of Freedoms Act 2012 (c. 9), Schedule 9, paragraph 136.

M2 1995 c. 46.

M3 1986 c. 45; Part 7A was inserted by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 17.

M4 Schedule 4A was inserted by Schedule 20 to the Enterprise Act 2002 (c.40). Schedule 4ZB was inserted by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 19.

M5 S.I. 1989/2405 (N.I. 19); Schedule 2A was inserted by S.I. 2005/1455 (N.I. 10).

M6 Schedule B1 was inserted by the Enterprise Act 2002 (c. 40), Schedule 16.

M7 1990 c.40; section 7 was repealed by the Charities and Trustee Investment (Scotland) Act 2005 (asp 10), Schedule 4, paragraph 7(b).

M8 2005 asp 10; section 34(5) has been amended by the section the Public Services Reform (Scotland) Act 2010 (asp 8), section 122.

M9 1986 c.46.

M10 S.I. 2002/3150 (N.I. 4); relevant amendments were made by S.I. 2005/1454 (N.I. 9).

M11 Section 429(2) was amended by the Enterprise Act 2002 (c.40), Schedule 23, paragraph 15.