# The National Health Service (Pharmaceutical Services) Regulations 2005, Regulation 26: Deferral of consideration of applications on fitness to practise grounds


(1) A Primary Care Trust may defer consideration or determination of an application under regulation 5, 40 or 54, or an application under regulation 10 where the applicant meets the conditions specified in paragraph (7) of that regulation where—
(a) there are, in respect of the applicant (and where the applicant is a body corporate, in respect of the applicant or a director or superintendent of the applicant)—
(i) criminal proceedings in the United Kingdom, or
(ii) proceedings elsewhere in the world relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence,
which, if they resulted in a conviction, or the equivalent of a conviction, would be likely to lead to his removal from its pharmaceutical list, if he were to be included in it;
(b) in respect of a body corporate of which the applicant is, or has in the preceding six months been, or was at the time of the originating events, a director or superintendent, there are—
(i) criminal proceedings in the United Kingdom, or
(ii) proceedings elsewhere in the world relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence,
which, if they resulted in a conviction, or the equivalent of a conviction, would be likely to lead to his removal from its pharmaceutical list, if he were to be included in it;
(c) there is an investigation anywhere in the world by the applicant’s (or where the applicant is a body corporate, any director or superintendent of the applicant's) licensing or regulatory body or any other investigation (including one by another Primary Care Trust or equivalent body) relating to him in his professional capacity, that if adverse would be likely to lead to the removal of the applicant from the pharmaceutical list if he were to be included in it;
(d) the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) is suspended from any list or equivalent list;
(e) a body corporate of which the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) was, at the time of the originating events, a director or superintendent, is suspended from any list or equivalent list;
(f) the FHSAA is considering an appeal by the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) against a decision of a Primary Care Trust or an equivalent body—
(i) to refuse an application by him for inclusion in any list or equivalent list,
(ii) to refuse an application by him for preliminary consent to be included in a pharmaceutical list held by a Primary Care Trust or equivalent body, or
(iii) to conditionally include him in, or to remove or contingently remove him from, any list kept by a Primary Care Trust,
and if that appeal were to be unsuccessful the Primary Care Trust would be likely to remove the applicant from the pharmaceutical list if he were to be included in it;
(g) the FHSAA is considering an appeal by a body corporate of which the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) was, at the time of the originating events, or has in the preceding six months been, a director or superintendent, against a decision of a Primary Care Trust or an equivalent body—
(i) to refuse an application by that body corporate for inclusion in its list,
(ii) to refuse an application by that body corporate for preliminary consent to be included in a pharmaceutical list held by a Primary Care Trust or equivalent body, or
(iii) to conditionally include it in, or to remove or contingently remove it from, any list kept by a Primary Care Trust or equivalent body,
and if that appeal were to be unsuccessful the Primary Care Trust would be likely to remove the applicant from the pharmaceutical list if it were to be included in it;
(h) the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) is being investigated by the National Health Service Counter Fraud and Security Management Service in relation to any fraud, where the result, if adverse, would be likely to lead to the removal of the applicant from the pharmaceutical list if he were to be included in it;
(i) a body corporate, of which the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) was, at the time of the originating events, a director or superintendent, is being investigated by the National Health Service Counter Fraud and Security Management Service in relation to any fraud case, where the result if adverse would be likely to lead to the removal of the applicant from the pharmaceutical list if he had been included in it;
(j) the FHSAA is considering an application from a Primary Care Trust or Local Health Board for a national disqualification of the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant);
(k) the FHSAA is considering an application from a Primary Care Trust or Local Health Board for a national disqualification of a body corporate of which the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) was, at the time of the originating events, a director or superintendent; or
(l) in the case of an application under regulation 5(1)(b) or (c), a Primary Care Trust or equivalent body is considering removal or contingent removal of the applicant from any of its lists or equivalent lists on fitness to practise grounds, or the Primary Care Trust or equivalent body has taken a decision to remove or contingently remove the applicant from any of its lists or equivalent lists on fitness to practise grounds but that decision has yet to take effect.
(2) Subject to any power to defer consideration or determination of an application under regulation 25, a Primary Care Trust may only defer a decision under paragraph (1) until the outcome of the relevant event mentioned in that paragraph is known.
(3) A Primary Care Trust must, as soon as is practicable, notify the applicant in writing of a decision to defer consideration or determination of his application, and the reasons for this.
(4) Subject to regulation 25, once the outcome of the relevant event mentioned in paragraph (1) is known the Primary Care Trust shall notify the applicant that he must within 28 days of the date of the notification (or such longer period as it may agree)—
(a) update his application; and
(b) confirm in writing that he wishes to proceed with his application.
(5) If the applicant fails to update his application or confirm that he wishes to proceed in accordance with paragraph (4), the Primary Care Trust shall deem him to have withdrawn his application.
(6) Provided any additional information has been received within the 28 days or the time agreed, the Primary Care Trust shall notify the applicant as soon as possible—
(a) that his application to be included has been successful; or
(b) that it has decided to refuse the application or decided to impose conditions on his inclusion, and the reasons for that (including any facts relied upon), and of any right of appeal under regulation 19(6), 29 and 30.

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Source: https://www.legislation.gov.uk/uksi/2005/641/regulation/26 (the official version)
Page: https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-2005/regulation-26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.