# The National Health Service (Pharmaceutical Services) Regulations 1992, Regulation 17: Removal from pharmaceutical lists


(1) Where an FHSA determines that a chemist—
(a) has died; or
(b) is no longer a chemist,
the FHSA shall, subject to paragraph (2), remove his name from that list.
(2) The name of any chemist whose business is carried on by representatives in accordance with the provisions of the Pharmacy Act 1954 shall not be removed from the pharmaceutical list under paragraph (1) so long as the business is carried on by them in accordance with the provisions of that Act, and the representatives agree to be bound by the terms of service.
(3) Where an FHSA determines that a chemist, whose name has been included for the preceding six months in a pharmaceutical list, has not during that period provided pharmaceutical services, it may remove the chemist’s name from that list.
(4) Before making any determination under paragraph (3), the FHSA shall—
(a) give the chemist 28 days' notice of its intention;
(b) afford the chemist an opportunity of making representations to the FHSA in writing or, if he so desires, in person; and
(c) consult the Local Pharmaceutical Committee.
(5) Where under paragraph (3) the FHSA decides to remove a chemist’s name from its pharmaceutical list, it shall give notice in writing of its decision to the chemist.
(6) A chemist to whom a notice has been given under paragraph (5) may, within 30 days of receiving the notice, appeal to the Secretary of State against the decision of the FHSA and the FHSA shall not remove the chemist’s name from the pharmaceutical list until—
(a) if no appeal is made, the expiration of the period of 30 days; or
(b) if an appeal is made, the appeal is determined.
(7) An appeal under paragraph (6) shall be in writing and shall set out the grounds of appeal.
(8) Where the Secretary of State allows the appeal, he shall direct the FHSA not to remove the chemist’s name from the pharmaceutical list.
(9) Nothing in this regulation shall—
(a) prejudice the right of a chemist to be included again in a pharmaceutical list; or
(b) affect a chemist who is performing a period of relevant service, and no removal under paragraph (3) shall be effected in respect of any such chemist until six months after he has completed that service.

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Source: https://www.legislation.gov.uk/uksi/1992/662/regulation/17 (the official version)
Page: https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-1992/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.