82.—(1) This paragraph applies where the NHSCB is considering—
(a)removing an NHS chemist (C) from a pharmaceutical list under section 151 or 152(3)(b) of the 2006 Act M1 (which relate to disqualification of practitioners and contingent removal);
(b)removing C from a pharmaceutical list under regulation 80; or
(c)contingently removing C from a pharmaceutical list under section 152(1) of the 2006 Act M2.
(2) Where paragraph (1) applies, before reaching its decision, the NHSCB must—
(a)notify C of the action the NHSCB is considering taking and its grounds for considering taking that action; and
(b)as part of that notification—
(i)inform C of any allegation against C, and
(ii)advise C that C may make—
(aa)written representations to the NHSCB with regard to that action, provided C notifies the NHSCB with those representations within 30 days beginning with the date of the notification by the NHSCB, and
(bb)oral representations to the NHSCB with regard to that action, provided C notifies the NHSCB of C's wish to do so within 30 days beginning with the date of the notification by the NHSCB and C (or a representative of C) 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)in an unsuitability case to which regulation 81(a) or (b) applies, if C is a body corporate, advise C that the NHSCB will not remove C from the relevant pharmaceutical list as a consequence of that regulation (without prejudice to any other action it may take), provided that—
(i)the director or superintendent ceases to be a director or superintendent of C within the period of 30 days that begins on the date of the notification by the NHSCB, and
(ii)within that period, C notifies the NHSCB of the date on which the director or superintendent has ceased or is to cease to be a director or superintendent of C.
(3) Once the NHSCB has taken its decision, it must notify C of its decision, and it must include with the notification (which may be combined, in appropriate cases, with a notification under regulation 79(5)) an explanation of—
(a)the reasons for the decision;
(b)if the NHSCB has decided to remove or contingently remove C from a pharmaceutical list—
(i)C's rights of appeal in relation to that decision under section 158 of the 2006 Act M3 (appeals), and
(ii)the time limit within which, in accordance with the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 M4, the application notice must be sent to the Tribunal if an appeal is to be brought; and
(c)if the NHSCB has decided to contingently remove C, the arrangements for review of the conditions under section 157(1) of the 2006 Act M5 (review of decisions).
(4) If the NHSCB has decided to remove or contingently remove C from a pharmaceutical list in accordance with this regulation, that decision is not to take effect—
(a)if C does not appeal against the decision, until the period for bringing an appeal against the decision has elapsed; or
(b)if C does appeal against the decision, unless the First-tier Tribunal has determined the appeal and confirmed the decision of the NHSCB (if the First-tier Tribunal takes a different decision to the decision taken by the NHSCB, that decision takes effect upon the taking of that decision, unless the First-tier Tribunal directs otherwise).
Marginal Citations
M1Section 151 has been amended by the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”), Schedule 4, paragraph 79. Section 152(3) has been amended by the 2012 Act, Schedule 4, paragraph 80.
M2Section 152(1) has been amended by the Health and Social Care Act 2012 (c. 7), Schedule 4, paragraph 80.
M3Section 158 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 84, and by S.I. 2010/22.
M4S.I. 2008/2699 (L 16); see rule 19 of those Rules.
M5Section 157 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 83, and by S.I. 2010/22.