The National Health Service (Pharmaceutical Services) Regulations 2005

Determination of applications in respect of controlled localities

36.—(1) Subject to regulations 25 and 26, the Primary Care Trust may make a determination in such manner as it thinks fit and may, if it considers that oral representations are unnecessary, make the determination without hearing any oral representations.

(2) When determining an application, the Primary Care Trust shall consider whether the provision of primary medical services by any provider of such services (except itself) or pharmaceutical services by any chemist or local pharmaceutical services by any LPS chemist is likely to be adversely affected in consequence of that grant, and whether any conditions should be imposed in accordance with regulation 20(2).

(3) Subject to regulations 25 and 26, in considering any application made under regulation 5 from an applicant who is not already included in that Primary Care Trust’s pharmaceutical list, a Primary Care Trust shall—

(a) check as far as practicable the information provided by the applicant, particularly that provided in accordance with paragraphs 1 to 6 of Part 3 of Schedule 4;

(b) check with the National Health Service Counter Fraud and Security Management Service whether the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) has any record of fraud;

(c) check with the Secretary of State as to any information held by him as to any record about past or current investigations or proceedings involving or related to the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant);

(d) take up and check any references provided under paragraph 7 of Part 3 of Schedule 4; and

(e) consider whether there are grounds—

(i) for refusing the application under regulation 19, or

(ii) for imposing conditions in accordance with regulation 21.

(4) In any case where the Primary Care Trust decides to hear oral representations, it shall give the applicant and any person from whom it has received representations under regulation 33(4) or (5) not less than 14 days notice of the time and place at which the representations are to be heard.

(5) The Primary Care Trust may invite any other person to give oral evidence as it thinks fit.

(6) The applicant and any person mentioned in paragraph (4) may be assisted at any such hearing in the presentation of his representations by some other person, but no person shall be entitled to be heard in the capacity of counsel or solicitor.

(7) The procedure by which representations are heard shall be such as the Primary Care Trust may determine.

(8) No person—

(a) who provides or assists in providing pharmaceutical services under Part 2 of the Act;

(b) who is a LPS chemist;

(c) who is a GMS contractor, or is a legal and beneficial shareholder in, or director or company secretary of, a company which is a GMS contractor, or is employed or engaged by a GMS contractor;

(d) who is a PMS contractor, or is a legal and beneficial shareholder in, or director or company secretary of, a company which is a PMS contractor, or is employed or engaged by a PMS contractor;

(e) who is an APMS contractor, or is an officer, trustee or other person concerned with the management of a company, society, voluntary organisation or any other body which is an APMS contractor, or is employed or engaged by an APMS contractor;

(f) is employed or engaged by a Primary Care Trust for the purposes of providing primary medical services within a PCTMS practice; or

(g) who is a party (other than a Primary Care Trust) to a pharmacy pilot scheme, or a director, officer or employee of such a person, or who provides or assists in providing local pharmaceutical services under a pharmacy pilot scheme,

shall take part in any decision under this regulation.

(9) Subject to regulations 25 and 26, the Primary Care Trust may, where it thinks fit, where two or more determinations fall to be made which relate to each other, make those determinations together, and, where it proposes to do so, it shall so inform the applicants and the persons to whom copies of the applications were sent under regulation 33.