PART 6Fitness grounds and inclusion in and removal from pharmaceutical lists

Suspension from a pharmaceutical list36

1

Before making a decision under section 110(1) (suspension) or section 111(2) (suspension pending appeal) of the 2006 Act, the Local Health Board must give the person—

a

notice of any allegation against him or her;

b

notice of the action the Local Health Board is considering and on what grounds;

c

the opportunity to make written representations within 30 days beginning with the date the notification is given under this paragraph; and

d

the opportunity to make representations at an oral hearing before the Local Health Board, provided the person notifies the Local Health Board that he or she wishes to make representations within a specified period (of not less than 24 hours).

2

The Local Health Board must take into account any representations made by the person before it reaches its decision.

3

Once the Local Health Board has reached a decision it must as soon as is reasonable practicable notify the person in writing of its decision and the reasons for it (including any facts relied upon).

4

Where the Local Health Board has suspended a person from the pharmaceutical list, it must inform the person of the reasons for the decision and, in the case of a suspension under section 110(1) of the 2006 Act, of his or her right to have the decision reviewed in accordance with section 113 (review of decisions) of the 2006 Act.

5

The Local Health Board may at any time revoke the suspension and notify the person of its decision.