Paragraph 2 Disciplinary matters in relation to deputiesF1F2
England and Wales
Where a disciplinary matter which is investigated in relation to—
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a chemist concerns the conduct of a pharmacist employed by him,
the appropriate Health Authority F5or Primary Care Trust shall send a notice in writing in accordance with sub-paragraph (2) to the deputy, assistant or employed pharmacist.
A notice sent under sub-paragraph (1) shall—
invite the recipient of the notice to send to the appropriate Health Authority or Primary Care Trust within 28 days of that notice being sent to him if he wishes to be treated as a party to the investigation notwithstanding that no action may be taken in relation to him under regulation 8—
written notification of his wish, and
his written comments on the disciplinary matter;
include details of each provision of the terms of service identified pursuant to paragraph 1(2)(a) and—
a copy of the appropriate Health Authority’s or Primary Care Trust's statement of case, or
notification of the date by which the statement of case is due under paragraph 1(1)(b) or where, an extension has been granted, under paragraph 1(4);
inform the recipient of the notice that copies of any comments or other documents he may submit in connection with the investigation will be sent to the practitioner and may be produced at any hearing.
Where the recipient of a notice given under sub-paragraph (1) informs the appropriate Health Authority or Primary Care Trust that he wishes to be treated as a party to the investigation in accordance with sub-paragraph (2)(a)(i) and submits comments in accordance with sub-paragraph (2)(a)(ii), he shall be treated for the purposes of this Schedule as if he were a practitioner in relation to whom the allegation, the subject of the disciplinary matter, is made, though no action may be taken in relation to him under regulation 8, and the following paragraphs of this Schedule (except paragraph 3(1)) shall apply to him accordingly.
A disciplinary matter of the type mentioned in regulation 4(6)(a) or (b) shall be brought as soon as practicable before the discipline committee.
Annotations
Textual amendments
- F1
Regulations revoked (E.) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), reg. 1, Sch. 8 para. 1(1)(a)
- F2
Sch. 4 substituted (1.4.1996) by The National Health Service (Service Committees and Tribunal) Amendment Regulations 1996 (S.I. 1996/703), regs. 1, 13
- F3
Sch. 4 para. 2(1)(a) omitted (E.) (1.4.2004) by virtue of The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), art. 1(1), Sch. 1 para. 10(o)(i) (with arts. 94-104); and omitted (W.) (1.4.2004) by virtue of The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), art. 1(1), Sch. 1 para. 10(1)(o)(i) (with arts. 71, 72)
- F4
Sch. 4 para. 2(1)(b) omitted (E.) (1.4.2006) by virtue of The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 (S.I. 2006/562), art. 1(1), Sch. 1 para. 3(14)(a) (with arts. 31-37); and omitted (W.) (1.4.2006) by virtue of The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006 (S.I. 2006/946), art. 1(1), Sch. 1 para. 2(14)(a) (with arts. 31-37)
- F5
Words in Sch. 4 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), regs. 1, 8, Sch. 5 (with Sch. 12 Pts. 1, 2)