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The Government is proposing to give appeals body NHS Resolution the power to consider all appeals relating to pharmacy contractors in a move that would take some responsibilities away from the General Pharmaceutical Council.

The amendment to Labour’s health bill was discussed yesterday (June 25) at a meeting of the public bills committee, with health minister Karin Smyth saying the change is intended to “streamline the appeals process”.

All appeals relating to pharmacy premises would be heard by NHS Resolution under these proposals, ending what Ms Smyth described as an ambiguity over “whether a case is characterised as one of fitness or of performance”.

She said: “It is a practical and proportionate change; NHS Resolution already has substantial experience in handling disputes involving NHS pharmaceutical services and is well placed to provide a clear, consistent and independent route of appeal.

“Importantly, this measure does not change the position in relation to the fitness to practise of individual pharmacy professions.

“Cases concerning individual practitioners will continue to be dealt with separately by the General Pharmaceutical Council.”

The GPhC has powers to bring regulatory proceedings against pharmacy contractors, including the power to disqualify them as owners, although these powers have rarely been used. 

Conservative MP Dr Caroline Johnson said she was “confused by the proposal,” which would “move pharmacy appeals from the first-tier tribunal to an NHS body specified by regulations made by the secretary of state” and bring them “under political control”.

The committee also discussed proposals to give integrated care boards greater powers to deal with cases where pharmaceutical arrangements fails, such as when a pharmacy closes unexpectedly.

The new clause 22 “ensures that ICBs can respond swiftly to exceptional circumstances” and “removes the unnecessary provision for the Secretary of State to make arrangements himself” said Ms Smyth.

ICBs would be allowed to make directions for pharmacy service provision for periods of up to six months, she explained.

She added: This change maintains appropriate national oversight while preventing misuse of the powers.

“It is a sensible and proportionate amendment that gives the system the flexibility it needs in exceptional circumstances while retaining proper safeguards.”