Part 7Pharmaceutical services and local pharmaceutical services
F1CHAPTER 4ALists of performers of pharmaceutical services and assistants
147APerformers of pharmaceutical services and assistants
1
Regulations may make provision for the preparation, maintenance and publication by F3NHS England of one or more lists of—
a
b
persons approved by F3NHS England for the purpose of performing local pharmaceutical services.
2
The regulations may, in particular, provide that—
a
a person of a prescribed description may not assist in the provision of pharmaceutical services which F3NHS England arranges unless the person is included in a list prepared by virtue of subsection (1)(a),
b
a person of a prescribed description may not perform local pharmaceutical services unless the person is included in a list prepared by virtue of subsection (1)(b).
3
The regulations may, in particular, also include provision as to—
a
the preparation, maintenance and publication of a list,
b
eligibility for inclusion in a list,
c
applications for inclusion (including provision for the procedure for applications and the documents to be supplied on application, whether by the applicant or by arrangement with the applicant),
d
the grounds on which an application for inclusion may or must be granted or refused or on which a decision on such an application may be deferred,
e
requirements with which a person included in a list must comply (including the declaration of financial interests and gifts and other benefits),
f
the grounds on which F3NHS England may or must suspend or remove a person from a list, the procedure for doing so, and the consequences of doing so,
g
circumstances in which a person included in a list may not withdraw from it,
h
payments to or in respect of a person suspended from a list (including provision for the amount of the payment, or the method of calculating it, to be determined by the Secretary of State or a person appointed by the Secretary of State),
i
the supply to F3NHS England by an applicant for inclusion in a list, or by a person included in a list, of a criminal conviction certificate under section 112 of the Police Act 1997, a criminal record certificate under F2section 113A of that Act, an enhanced criminal record certificate under section 113B of that Act or up-date information within the meaning given by section 116A of that Act,
j
the criteria to be applied in making decisions under the regulations,
k
appeals against decisions made by F3NHS England under the regulations, and
l
disclosure of information about applicants for inclusion, grants or refusals of applications or suspensions or removals,
and may make any provision corresponding to anything in sections 151 to 159.
4
Regulations under this section may, in particular, also provide that approval for the purposes of either paragraph (a) or paragraph (b) of subsection (1) is to be treated for the purposes of this section as approval for the purposes of the other paragraph (and for lists prepared by virtue of that subsection to be read accordingly).
5
Regulations under this section may, in particular, also provide for—
a
a person's inclusion in a list to be subject to conditions determined by F3NHS England,
b
F3NHS England to vary the conditions or impose different ones,
c
the consequences of failing to comply with a condition (including suspension or removal from a list),
d
the review by F3NHS England of decisions made by it by virtue of the regulations.
6
The imposition of such conditions must be with a view to—
a
preventing any prejudice to the efficiency of the services to which a list relates, or
b
preventing any acts or omissions of the type described in section 151(3)(a).
7
If the regulations provide under subsection (3)(f) or (5) that F3NHS England may suspend or remove a person (P) from a list, they must include provision—
a
requiring P to be given notice of any allegation against P,
b
giving P the opportunity of putting P's case at a hearing before F3NHS England makes any decision as to P's suspension or removal, and
c
requiring P to be given notice of the decision of F3NHS England, the reasons for it and any right of appeal under subsection (8) or (9).
8
9
If the regulations make provision under subsection (5), they must provide for an appeal by the person in question to the First-tier tribunal against the decision of F3NHS England—
a
to impose conditions, or any particular condition,
b
to vary a condition,
c
to remove the person from the list for breach of condition,
d
on any review of an earlier such decision of F3NHS England.
10
Regulations making provision as to the matters referred to in subsection (3)(l) may, in particular, authorise the disclosure of information—
a
by F3NHS England to the Secretary of State, and
b
by the Secretary of State to F3NHS England.
Pt. 7 Ch. 4A inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 208(2), 306(1)(d)(4)