{
  "url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-amendment-regulations-2006/regulation-36",
  "json_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-amendment-regulations-2006/regulation-36.json",
  "legislation": "uksi/2006/3373",
  "legislation_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2006",
  "legislation_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-amendment-regulations-2006",
  "path": "regulation/36",
  "kind": "regulation",
  "number": "36",
  "heading": "Amendment of regulation 58 of the Pharmaceutical Services Regulations",
  "text": "After paragraph (4) of regulation 58 (payments to suspended chemists) add the following paragraphs—\n“(5) If a payment is made in accordance with a determination under paragraph (2), but the payee was not entitled to receive all or any part of it, if the amount to which he was not entitled has not been recovered by other means, it may be recovered by the Primary Care Trust as a civil debt.\n(6) If a chemist is dissatisfied with a decision of a Primary Care Trust (“the original decision”)—\n(a) to refuse to make a payment to, or in respect of, him in accordance with a determination under paragraph (2);\n(b) to make a payment to, or in respect of, him in accordance with a determination under paragraph (2), but at a lower level than the level which he considers to be correct; or\n(c) in respect of recovery of what the Primary Care Trust considers to be an overpayment,\nhe may ask the Primary Care Trust in writing to review the original decision and, if he does so, the Primary Care Trust shall reconsider that decision, and once it has done so, it must notify the chemist of the decision that is the outcome of its reconsideration of its original decision (“the reconsidered decision”), and give him notice of the reasons for its reconsidered decision.\n(7) If the chemist remains dissatisfied (whether on the same or different grounds), he may appeal to the Secretary of State by giving him a notice of appeal within a period of 28 days beginning on the day that the Primary Care Trust notified him of the reconsidered decision.\n(8) A notice of appeal under paragraph (7) shall include—\n(a) the names and addresses of the parties to the disputed decision;\n(b) a copy of the reconsidered decision; and\n(c) a brief statement of the grounds for appeal.\n(9) The Secretary of State shall then send a written request to the parties to make, in writing and within a specified period, any representations they may wish to make about the matter (and the request to the Primary Care Trust shall include a copy of the chemist’s brief statement of the grounds for appeal).\n(10) Once the period specified pursuant to paragraph (9) has elapsed, the Secretary of State shall—\n(a) give a copy of the representations received from a party to the other party; and\n(b) request in writing a party to whom a copy of representations is given to make within a specified period any written observations which he or it wishes to make on those representations.\n(11) Once the period specified pursuant to paragraph (10)(b) has elapsed, the Secretary of State shall, as soon as is reasonably practicable, having taken into account any such representations or observations as are referred to in paragraphs (9) and (10) (if submitted within the specified periods) and such other evidence as he sees fit to consider–—\n(a) determine the appeal, and shall give notice of the determination (including a record of the reasons for it) to both parties; and\n(b) give the Primary Care Trust such directions in writing, if any, on the matter as he thinks fit.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/3373/regulation/36",
    "retrieved_at": "2026-10-29T04:11:35.481596+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}