The National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1987

Regulation 2(9)

SCHEDULE 1Parts II and III of Schedule 4 to the Principal Regulations as Substituted by these Regulations

Regulation 26(2)

“Part IIApplication for Inclusion in a Pharmaceutical List or Inclusion in a List in Respect of Different Services or Premises

Regulation 26(6) and (7)

Part IIINotification of Commencement Date

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Regulation 2(10)

SCHEDULE 2Schedule 4C to the Principal Regulations as inserted by these regulations

Regulation 26(3) and (4)

“Schedule 4CProvisions further to regulation 26

Part IProcedure on, and determination of, applications to which regulation 26(3) or (4) applies

Notification of applications

1.—(1) On receipt of any application to which regulation 26(4) applies, the Committee shall, as soon as is practicable, give notice of the application, in writing, to—

(a)the Local Pharmaceutical Committee;

(b)the Local Medical Committee;

(c)any person who is included in a pharmaceutical list and whose interests may, in the opinion of the Committee, be significantly affected if the application were granted;

(d)any Committee whose boundary is within two kilometres of the premises;

(e)the Community Health Council serving the locality of the Committee and any other Committee notified under paragraph (d) above, and any person so notified may, within 28 days from the date on which the notification was sent to him, make representations in writing to the Committee.

(2) Any Committee who is notified under sub-paragraph (1)(d) above shall, as soon as is practicable, give notice of the application, in writing, to—

(a)the Local Pharmaceutical Committee;

(b)the Local Medical Committee;

(c)any person whose name is included in a pharmaceutical list and whose interests may, in the opinion of the Committee, be significantly affected if the application were granted,

and any person so notified may, within 28 days from the date on which the notification was sent to him, make representations, in writing, to the Committee to whom the application was made.

(3) Any notice given under sub-paragraph (1) or (2) above shall include a notification of the right to make representations in accordance with that sub-paragraph.

Determination of applications

2.—(1) In considering any application to which regulation 26(4) applies, the Committee shall have regard in particular to—

(a)the pharmaceutical services specified in the application which are already provided in the neighbourhood in which the premises named in the application are located, by persons included in a pharmaceutical list;

(b)any information available to the Committee which, in its opinion, is relevant to the consideration of the application; and

(c)any representations received by the Committee whether received under paragraph 1 of this Schedule or otherwise.

(2) The Committee may determine an application in such manner as it thinks fit and may, if it considers that oral representations are unnecessary, determine the application without hearing any oral representations.

(3) In any case where the Committee decides to hear oral representations, the Committee shall give the applicant and any person from whom it received representations under paragraph 1 of this Schedule reasonable notice of the meeting at which the representations are to be heard.

(4) The applicant and any such person mentioned in paragraph (3) above shall be permitted by the Committee to be assisted at any such hearing in the presentation of his representations by some other person, but no person shall be entitled in the capacity of Counsel, solicitor or other paid advocate.

(5) The procedure by which representations are heard shall be such as the Committee may determine.

Notification of decisions

3.—(1) The Committee shall, as soon as practicable, notify the applicant and the persons mentioned in paragraph 1 of this Schedule of its decision under regulation 26(3) or, as the case may be, (4) and the reasons for that decision, and shall notify them of any rights of appeal applicable under paragraph 4 of this Schedule.

(2) The Committee shall, as soon as practicable, notify the applicant and the persons mentioned in paragraph 1 of this Schedule of any amendment to an application made pursuant to regulation 26(8).

(3) For the purposes of regulation 26(7), the date of notification of the grant of any application shall be—

(a)if there is no appeal in accordance with paragraph 4 of this Schedule, the day after the expiry of the 28 days mentioned in that paragraph;

(b)if there is an appeal, the date on which the Committee notifies the applicant under paragraph 14(4) of this Schedule.

Appeals

4.—(1) In a case to which regulation 26(3) applied, the applicant or any person mentioned in paragraph 1 of this Schedule may, if he is aggrieved by the decision, appeal to the Committee, and any such appeal shall be sent to the Committee within 28 days from the date on which notification of the Committee’s decision was sent to him.

(2) In a case to which regulation 26(4) applied, the applicant and any person who submitted representations to the Committee in accordance with paragraph 1 of this Schedule may, if he is aggrieved by the decision, appeal to the Committee, and any such appeal shall be sent to the Committee within 28 days from the date on which notification of the Committee’s decision was sent to him.

(3) Any notice of appeal made under this paragraph shall contain a concise statement of the facts and contentions upon which the appellant intends to rely.

(4) On receipt of any notice of appeal made under this paragraph, the Committee shall appoint a Chairman of the Appeal Panel in accordance with Part IV of this Schedule and shall refer the notice of appeal to him.

(5) If that Chairman, after considering the notice of appeal, is of the opinion that the notice discloses no reasonable grounds of appeal or that the appeal is otherwise vexatious or frivolous, he may determine the appeal by dismissing it forthwith.

(6) In any other case, the Committee shall convene an Appeal Panel in accordance with Part IV of this Schedule, and that panel shall determine the appeal in accordance with the provisions of that Part.

Part IIPharmacy practices sub-committee

Establishment

5.  The Committee shall appoint, under regulation 8(1) of the Family Practitioner Committees (Membership and Procedure) Regulations 1985(1) (“the Procedure Regulations”) and in accordance with the provisions of this Part of this Schedule, a sub-committee (“the pharmacy practices sub-committee”) and the provisions of Part III of this Schedule shall apply to the proceedings of that sub-committee.

Membership

6.—(1) The pharmacy practices sub-committee shall consist of seven members appointed by the Committee of whom—

(a)one shall be the Chairman and one of whom shall be the vice-chairman, who shall both be members of the Committee, but neither of whom shall be a doctor, a dental practitioner, an ophthalmic optician, a registered pharmaceutical chemist or a person who is included in a pharmaceutical list;

(b)two shall be members of the Committee of whom only one may be a doctor (but not a doctor entitled to provide pharmaceutical services under regulation 30), one may be a dental practitioner and one may be an opthalmic optician but neither of whom is a registered pharmaceutical chemist or a person who is included in any pharmaceutical list;

(c)three shall be registered pharmaceutical chemists of whom—

(i)two shall be from persons nominated by the Local Pharmaceutical Committee, and who may be included in a pharmaceutical list or be an employee of a person who is so included, and

(ii)one shall be from persons nominated by the Pharmaceutical Society of Great Britain from persons not so included or employed.

(2) Persons to act as deputies for, and corresponding in number to, those persons appointed pursuant to sub-paragraph (1)(b) above shall be appointed by the Committee in like manner as those persons and in the absence of one of those persons a deputy appointed in like manner shall be entitled to act in his place.

(3) If a nomination required for the purposes of sub-paragraph (1)(c) above is not made before such date as the Committee may determine, the Committee may appoint a member (being a registered pharmaceutical chemist) without waiting any longer for the nomination.

Functions

7.  The pharmacy practices sub-committee shall exercise on behalf of the Committee the functions of the Committee under regulation 26(3) to (8) and paragraphs 1 and 2 of this Schedule, and any other functions which the Committee may make arrangements for it to exercise under, and in accordance with, regulation 8 of the Procedure Regulations.

Part IIIProcedure at Meetings of the Pharmacy Practices Sub-Committee

Declaration of interest

8.—(1) Before the start of any meeting of the pharmacy practices sub-committee the person presiding shall ask the members who are present whether, in respect of any matter under consideration at the meeting, any of them—

(a)has an interest which he is required to declare under regulation 10 of the Procedure Regulations;

(b)has, or is associated with a person who has, any other current personal interest,

and any such member who has or, as the case may be, is associated with the person who has, any such interest shall disclose it accordingly.

(2) Subject to regulation 10(5) of the Procedure Regulations, a member who has, pursuant to the provisions of sub-paragraph (1) above, disclosed an interest in respect of any matter or who, in the opinion of the person presiding expressed to the meeting, was required to disclose such an interest shall not be present at the consideration or discussion of that matter or the voting on it, and a deputy who has no such interest may act in his place.

Quorum

9.  Subject to paragraph 11 below, no business shall be transacted at a meeting of the pharmacy practices sub-committee unless the chairman or vice-chairman, and either the two members appointed under paragraph 6(1)(b) of this Schedule and two other members not so appointed or deputies for them are present.

Voting

10.—(1) Subject to sub-paragraphs (2) and (3) below, every question at a meeting of the pharmacy practices sub-committee shall be determined by a majority of votes of the members present and voting on the questions.

(2) The chairman or vice-chairman acting as chairman shall not be entitled to vote at that meeting except in the case of an equality of votes of the other persons present and voting, in which case he shall have the casting vote.

(3) Where at that meeting any question arises in connection with an application to which regulation 26(3) or (4) applies falls to be determined in accordance with this paragraph—

(a)persons appointed under paragraph 6(1)(c)(i) of this Schedule shall not be entitled to vote on that question and shall leave that meeting immediately before any voting takes place; and

(b)no voting shall take place unless there are present at that meeting the chairman or vice-chairman and any two members appointed otherwise than under paragraph 6(1)(c)(i) of this Schedule.

Standing orders

11.  Subject to the provisions of these regulations and of this Schedule, the Committee may make, vary or revoke standing orders with the respect of the terms of office of members of the pharmacy practices sub-committee, the procedure of that sub-committee and the making of any reports of its proceedings to the Committee.

Vacancy

12.  The proceedings of the pharmacy practices sub-committee shall not be invalidated by any vacancy in the membership or any defect in a member’s appointment.

Part IVAppeals

Appeal Panel

13.—(1) The Appeal Panel shall be convened by the Committee (“the convening Committee”) and shall be drawn from the list of persons approved for that purpose by the Secretary of State.

(2) An Appeal Panel shall consist of seven members of whom—

(a)one shall be the chairman who shall not be a doctor, a dental practitioner, an ophthalmic optician, a registered pharmaceutical chemist or a person who is included in any pharmaceutical list;

(b)three, of whom only one may be a doctor (but not a doctor entitled to provide pharmaceutical services under regulation 30), one may be a dental practitioner and one may be an ophthalmic optician but none of whom is a registered pharmaceutical chemist or a person whose name is included in any pharmaceutical list;

(c)three shall be registered pharmaceutical chemists, of whom—

(i)two shall be from persons who had been nominated by a Local Pharmaceutical Committee, and who may be included in a pharmaceutical list or be an employee of a person who is so included,

(ii)one shall be from persons who had been nominated by the Pharmaceutical Society of Great Britain from persons not so included or employed,

(iii)none shall be included in a pharmaceutical list kept by the convening Committee, nor of any Committee who was notified, under paragraph (1)(d) of this Schedule, of the application to which the appeal relates.

(3) The convening Committee shall ensure that the members of any Appeal Panel are not resident in the locality of, or included in the pharmaceutical list kept by, any one Committee.

(4) At least 14 days before the consideration by any Appeal Panel of an appeal, the Chairman shall ask the members in writing whether, in respect of any matter under consideration in that appeal, any of them—

(a)has an interest which he would be required to declare under regulation 10 of the Procedure Regulations if those regulations applied to him;

(b)has, or is associated with a person who has, any other current personal interest,

and any such member who has or, as the case may be, is associated with the person who has, any such interest shall disclose it accordingly.

(5) Subject to regulation 10(5) of the Procedure Regulations, which shall apply to any Appeal Panel as it applies to a Committee, a member who has, pursuant to the provisions of sub-paragraph (4) above, disclosed an interest in respect of any matter or who, in the opinion of the Chairman expressed to the convening Committee, was required to disclose such an interest, shall no longer be a member of the Appeal Panel to hear the appeal in question, and the convening Committee shall appoint another member in his place.

Determination of Appeals

14.—(1) Subject to the provisions of paragraph (2) and (4) of this Schedule which shall apply to the Appeal Panel as they apply to the Committee, the Appeal Panel shall determine an appeal in such manner as it thinks fit.

(2) In arriving at its decision on the appeal—

(a)the decision of the Appeal Panel shall be determined by a majority of votes;

(b)in the case of an equality of votes, the Chairman shall have a second and casting vote;

(c)the members appointed under paragraph 13(2)(c)(i) above shall not be entitled to vote, and shall leave any meeting of the Appeal Panel immediately before any voting takes place.

(3) The Appeal Panel shall notify, in writing, the convening Committee of its decision and the reason for that decision.

(4) The convening Committee shall adopt the decision of the Appeal Panel as its own and shall, as soon as is practicable, notify the applicant and persons mentioned in paragraph (1) of this Schedule of the decision and the reasons for it.”