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

Changes over time for: Section 34

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Deferral of consideration of applications for inclusion in a pharmaceutical list on fitness groundsU.K.

This section has no associated Explanatory Memorandum

34.—[F1(A1) In this regulation, “A” means, where an application for inclusion in a pharmaceutical list is made by a person who is—

(a)an individual, the individual making the application;

(b)a partnership, any partner in the partnership making the application; or

(c)a body corporate—

(i)except for the purposes of paragraph (1)(b), (c)(ii), (e), (g), (i) and (k), the body corporate making the application, and

(ii)any director or superintendent of the body corporate making the application.]

(1) An application for inclusion in a pharmaceutical list by a person F2...who is not already included in it may be deferred if [F3NHS England] is satisfied that—

(a)there are, in respect of A F4...—

(i)criminal proceedings in the United Kingdom, or

(ii)proceedings elsewhere relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence,

which, if they result in a conviction, or the equivalent of a conviction, would be likely to lead to [F5the person’s removal from the pharmaceutical list, if the person] were to be included in it;

(b)in respect of a body corporate of which A is, or has in the preceding 6 months been, or was at the time of the originating events, a director or superintendent, there are—

(i)criminal proceedings in the United Kingdom, or

(ii)proceedings elsewhere relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence,

which, if they resulted in a conviction, or the equivalent of a conviction, would be likely to lead to [F6the person’s removal from the pharmaceutical list, if the person] were to be included in it;

(c)there is an investigation anywhere in the world—

(i)by A's F7... licensing or regulatory body, or

(ii)relating to A F8... in A's professional capacity (including one by [F3NHS England] or another primary care organisation),

which, if the outcome were adverse, would be likely to lead to the removal of [F9the person from the pharmaceutical list if the person] were to be included in it;

(d)A F10...is suspended from a relevant list;

(e)a body corporate of which A F11... was, at the time of the originating events, a director or superintendent, is suspended from a relevant list;

(f)the First-tier Tribunal is considering an appeal by A F12... against a decision of [F3NHS England] or another primary care organisation—

(i)to refuse an application for inclusion in a relevant list, or

(ii)to include A conditionally in, or to remove or contingently remove A from, a relevant list,

and if that appeal were to be unsuccessful, [F3NHS England] would be likely to remove [F13the person from the pharmaceutical list if the person] were to be included in it;

(g)the First-tier Tribunal is considering an appeal by a body corporate of which A F14... was, at the time of the originating events, or has in the preceding 6 months been, a director or superintendent, against a decision of [F3NHS England] or another primary care organisation—

(i)to refuse an application by that body corporate for inclusion in its list,

(ii)to include A conditionally in, or to remove or contingently remove A from, a relevant list,

and if that appeal were to be unsuccessful [F3NHS England] would be likely to remove [F15the person from the pharmaceutical list if the person] were to be included in it;

(h)A F16... is being investigated by the NHS BSA in relation to any fraud, where the result, if adverse, would be likely to lead to the removal of [F17the person from the pharmaceutical list if the person] were to be included in it;

(i)a body corporate, of which A F18...was, at the time of the originating events, a director or superintendent, is being investigated by the NHS BSA in relation to any fraud, where the result if adverse would be likely to lead to the removal of [F19the person from the pharmaceutical list if the person] were to be included in it;

(j)the First-tier Tribunal is considering an application from [F3NHS England] or a Local Health Board for a national disqualification of A F20...;

(k)the First-tier Tribunal is considering an application from [F3NHS England] or a Local Health Board for a national disqualification of a body corporate of which A F21... was, at the time of the originating events, a director or superintendent; or

(l)[F3NHS England] or another primary care organisation, for a reason relating to unsuitability, fraud or efficiency of service provision—

(i)is considering removal (other than voluntary removal) or contingent removal of the applicant from a relevant list, or

(ii)has taken a decision to remove (other than voluntary removal) or contingently remove [F22the applicant] from a relevant list but that decision has yet to take effect.

(2) [F3NHS England] may only defer a decision under paragraph (1) until—

(a)the outcome of the cause for the deferral is known; or

(b)the reason for the deferral no longer exists.

Textual Amendments

F1Reg. 34(A1) inserted (1.4.2014) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2014 (S.I. 2014/417), regs. 1, 13(a)

F2Word in reg. 34(1) omitted (1.4.2014) by virtue of The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2014 (S.I. 2014/417), regs. 1, 13(b)(i)

F3Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F4Words in reg. 34(1)(a) omitted (1.4.2014) by virtue of The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2014 (S.I. 2014/417), regs. 1, 13(b)(ii)(aa)

F5Words in reg. 34(1)(a) substituted (1.4.2014) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2014 (S.I. 2014/417), regs. 1, 13(b)(ii)(bb)

F6Words in reg. 34(1)(b) substituted (1.4.2014) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2014 (S.I. 2014/417), regs. 1, 13(b)(iii)

F7Words in reg. 34(1)(c)(i) omitted (1.4.2014) by virtue of The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2014 (S.I. 2014/417), regs. 1, 13(b)(iv)(aa)

F8Words in reg. 34(1)(c)(ii) omitted (1.4.2014) by virtue of The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2014 (S.I. 2014/417), regs. 1, 13(b)(iv)(bb)