Removal of listings: cases relating to death, incapacity or cessation of service
74.—(1) Subject to paragraphs (2) and (4), if an NHS chemist (C)—
(a)dies;
(b)in the case of an NHS pharmacist, ceases to carry on a retail pharmacy business; or
(c)in the case of an NHS appliance contractor, ceases to carry on a business in the course of which C supplies appliances either by retail sale or in circumstances corresponding to retail sale,
the NHSCB must remove C from the relevant pharmaceutical lists.
(2) Paragraph (1)(a) or (b) shall not apply in the case of an NHS pharmacist, if—
(a)a representative of C (as defined in section 72 of the 1968 Act(1) (representative of pharmacist in case of death or disability)) is carrying on the retail pharmacy business of C that is included in the relevant pharmaceutical list (“the business”);
(b)the conditions specified in section 72(2) of the 1968 Act are fulfilled in relation to the representative and the business;
(c)the period applicable in accordance with section 72(3) of the 1968 Act has not expired; and
(d)the representative has agreed to be bound by, and continues to agree to be bound by, C’s terms of service.
(3) If the NHSCB determines that C has not, during the preceding 6 months, provided pharmaceutical services at chemist premises (“the particular premises”) listed in a particular pharmaceutical list—
(a)if there are other chemist premises listed in that pharmaceutical list in relation to C, the NHSCB must remove the listing of the particular premises from that list; or
(b)if there are no other chemist premises listed in that pharmaceutical list in relation to C, the NHSCB must remove C from that list.
(4) When determining, for the purposes of paragraph (1) or (3), whether C has ceased to carry on a business or ceased to provide pharmaceutical services, no account is to be taken of any time spent by C—
(a)suspended from a relevant pharmaceutical list;
(b)in whole-time service in the armed forces of the Crown in a national emergency;
(c)in compulsory whole-time service in the armed forces of the Crown (including service resulting from reserve liability); or
(d)where C is liable for compulsory whole-time service in the armed forces of the Crown, in any equivalent service,
and in a case of C ceasing to carry on a business, no account is to be taken of the first 6 months after C completes that whole-time service in the armed forces of the Crown or equivalent service.
(5) Before taking a decision to remove C, or chemist premises listed in relation to C, from a pharmaceutical list under paragraph (1) or (3), the NHSCB must—
(a)give notice to C (or, in appropriate circumstances, a person whom the NHSCB reasonably believes is representing C or is an executor of C) of the decision that the NHSCB is minded to take;
(b)as part of that notification, advise C (or the representative or executor) that they may make—
(i)written representations to the NHSCB with regard to that action, provided they notify the NHSCB with those representations within 30 days beginning with the date of the notification by the NHSCB, and
(ii)oral representations to the NHSCB with regard to that action, provided—
(aa)they notify the NHSCB of their wish to do so within 30 days beginning with the date of the notification by the NHSCB, and
(bb)C (or the representative or executor, or someone representing the representative or executor) attends the hearing that the NHSCB arranges for the purpose of hearing those representations, which the NHSCB must give C reasonable notice of; and
(c)consult any Local Pharmaceutical Committee whose area includes the chemist premises that the NHSCB is minded to remove from the pharmaceutical list.
(6) If the NHSCB does decide to remove C, or chemist premises listed in relation to C, from a pharmaceutical list under paragraph (1) or (3), it must, when it notifies C of that decision, include in that notification—
(a)a statement of the reasons for the decision; and
(b)an explanation of how C’s rights of appeal under regulation 77(1)(d) may be exercised.
Section 72 has been amended by: the Insolvency Act 1985 (c. 65), Schedule 8, paragraph 15; the Insolvency Act 1986 (c. 45), Schedule 14; the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 12, and Schedule 6; the Mental Incapacity Act 2005 (c. 9), Schedule 6, paragraph 14; the Health Act 2006 (c. 28), section 29; and S.I. 1989/ 2405, 2007/289 and 2010/231.