Regulation 28 Notifications by Primary Care Trusts to other persons

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 28 am by National Health Service (Miscellaneous Amendments Relating to Community Pharmaceutical Services and Optometrist Prescribing) 2009 regs 2, 10
reg. 28(2) words substituted by Pharmacy 2010 Sch. 4 para. 47(3)
reg. 28(7) words substituted by Transfer of Tribunal Functions 2010 Sch. 3 para. 81
reg 28 am by National Health Service (Pharmaceutical Services) 2005 regs 1(3), 10
reg 28 am (19.1.2007) by National Health Service (Pharmaceutical Services) 2006 reg 20

(1)

Where a Primary Care Trust—

(a)

refuses to grant an application on grounds specified in regulation 19; or

(b)

imposes conditions under regulation 21, 30, 42 or 43,

it shall notify the persons and bodies specified in paragraph (2), and shall additionally notify those specified in paragraph (3) if so requested by those persons or bodies in writing (including electronically), of the matters set out in paragraph (4); and the applicant or chemist in relation to whom such a decision has been taken under this paragraph is called a “pharmaceutical practitioner” in this regulation.

(2)

Where paragraph (1) applies, a Primary Care Trust shall notify—

(a)

the Secretary of State;

(b)

any Primary Care Trust or equivalent body that has on any of its lists or equivalent lists—

(i)

the pharmaceutical practitioner, or

(ii)

a body corporate of which the pharmaceutical practitioner is a director or superintendent,

or any Primary Care Trust or equivalent body that is considering an application for inclusion in, or for preliminary consent to be included in, any of its lists or equivalent lists from such a practitioner, director, superintendent or body corporate;

(c)

the Scottish Executive;

(d)

the National Assembly for Wales;

(e)

the Northern Ireland Executive;

(f)

the Royal Pharmaceutical Society of Great Britain, the Pharmaceutical Society of Northern Ireland or any other appropriate regulatory body;

(g)

the Local Pharmaceutical Committee for the Primary Care Trust’s area;

(h)

the National Patient Safety Agency^f1; and

(i)

where it is a fraud case, the National Health Service Counter Fraud and Security Management Service.

(3)

The persons or bodies who may request to be additionally notified in accordance with paragraph (1) are—

(a)

persons or bodies that can establish that they—

(i)

are or were employing the pharmaceutical practitioner, are using or have used his services (or where the pharmaceutical practitioner is a body corporate, any director or superintendent of that practitioner) in a professional capacity, or

(ii)

are considering employing or using the services of the pharmaceutical practitioner (or where the pharmaceutical practitioner is a body corporate, any director or superintendent of that practitioner) in a professional capacity; and

(b)

a partnership any of whose members provide or assist in the provision of pharmaceutical services and can establish that the pharmaceutical practitioner is or was a member of the partnership, or that it is considering inviting him to become such a member.

(4)

The matters referred to in paragraph (1) are—

(a)

the name, address and date of birth of the pharmaceutical practitioner;

(b)

where the pharmaceutical practitioner is a body corporate, the name and registered office of the body corporate;

(c)

any professional registration number of the pharmaceutical practitioner;

(d)

the date and a copy of the decision of the Primary Care Trust; and

(e)

a contact name of a person in the Primary Care Trust for further enquiries.

(5)

The Primary Care Trust shall send to the pharmaceutical practitioner concerned a copy of any information about him provided to the persons or bodies specified in paragraphs (2) and (3) and any correspondence with those persons or bodies relating to that information.

(6)

Where the Primary Care Trust has notified any of the persons or bodies specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may in addition, if so requested by that person or body, notify that person or body of any evidence that was considered, including representations made by the pharmaceutical practitioner.

(7)

Where a Primary Care Trust is notified by the FHSAA that it has imposed a national disqualification on a pharmaceutical practitioner whom the Primary Care Trust has removed from its list, it shall notify the persons or bodies specified in paragraph (2)(b), (g), (h) and (i) and paragraph (3).

(8)

Where a decision is changed on review or appeal, or a suspension lapses, the Primary Care Trust shall notify any person or body that was notified of the original decision of the later decision, or of the fact that the suspension has lapsed.

Annotations

Footnotes

f1: The National Patient Safety Agency is established as a Special Health Authority by the National Patient Safety Agency (Establishment and Constitution) Order 2001 (S.I. 2001/1743).