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

Procedure for suspensions in fitness cases

83.—(1) Where the NHSCB is considering suspending an NHS chemist (C) from a pharmaceutical list under section 154(1) or section 155(2) of the 2006 Act(1) (which relate to suspension and suspension pending appeal), before reaching its decision, it 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) where the NHSCB is considering taking action under section 154(1), inform C of any allegation against C, and

(ii) advise C that C may make oral representations to the NHSCB with regard to the possible suspension on a specified day, provided C notifies the NHSCB of C’s wish to do so within a specified period (of not less than 24 hours).

(2) If, within the specified period—

(a) C does not advise the NHSCB that C wishes to make oral representations to the NHSCB on the specified day, thereafter the NHSCB may suspend C with immediate effect; or

(b) C does advise the NHSCB that C wishes to make oral representations to the NHSCB on the specified day, the NHSCB must not suspend C until after the oral hearing, but may then do so with immediate effect.

(3) Once the NHSCB has taken its decision, it must notify C of its decision as soon as is practicable, and it must include with the notification of its decision an explanation of—

(a) the reasons for the decision;

(b) if the NHSCB has decided to suspend C under section 154(1), the arrangements for review of the suspension under section 157(1) of the 2006 Act(2) (review of decisions).

(1)

Section 154 has been amended by the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”), Schedule 4, paragraph 81, and by S.I. 2010/22. Section 155 has been amended by the 2012 Act, Schedule 4, paragraph 82, and by S.I. 2010/22.

(2)

Section 157 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 83, and by S.I. 2010/22.