Health and Social Care Act 2012

207 Control of entry on pharmaceutical lists

(1) Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical lists) is amended as follows.

(2) In subsection (2), in paragraph (c)—

(a) for “must be granted if” substitute “may be granted only if”, and

(b) omit the words from “and may otherwise” to the end.

(3) After that subsection insert—

“(2ZA) The Board may not include the Secretary of State, or such other persons as the regulations may prescribe, in a list prepared for the purposes of provision under subsection (2)(a).”

(4) In subsection (2A)—

(a) for “its needs statement” substitute “the needs statement for the relevant area”, and

(b) for the words from “it is necessary” to the end substitute “to grant the application would—

(a) meet a need in that area for the services or some of the services specified in the application, or

(b) secure improvements, or better access, to pharmaceutical services in that area.”

(5) For subsection (2B) substitute—

“(2B) In subsection (2A), “relevant area”, in relation to a needs statement, is the area of the Health and Wellbeing Board which includes the premises from which the application states that the applicant will undertake to provide services.”

(6) In subsection (2C), for “(2B)” substitute “(2A)”.

(7) In subsection (4)(c), omit “or (2B)”.

(8) In subsection (6)(g)—

(a) after “grounds on which” insert “or circumstances in which”,

(b) before “may, or must,” insert “—

(i)”, and

(c) at the end insert “,

(ii) may, or must, remove a person or an entry in respect of premises from a pharmaceutical list”.

(9) In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing Board”.

(10) In section 130(2) of that Act (regulations about appeals from decisions on applications for inclusion in pharmaceutical list)—

(a) after “an application” insert “on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153”, and

(b) omit “(by way of redetermination)”.

(11) In section 136 of that Act (designation of priority neighbourhoods or premises)—

(a) in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and

(b) after subsection (3) insert—

“(4) Relevant area” has the same meaning as in section 129(2A).”

(12) In Schedule 12 to that Act (provision of local pharmaceutical services under LPS schemes), in paragraph 2—

(a) in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and

(b) after sub-paragraph (3) insert—

“(4) Relevant area” has the same meaning as in section 129(2A).”