The National Health Service (Pharmaceutical Services) Regulations 2005

Procedure after grant of application

39.—(1) Subject to regulation 21(8), a Primary Care Trust shall not include an applicant in its pharmaceutical list, or include him in respect of different premises or services, before—

(a) the date specified in paragraph (10); and

(b) the satisfaction of the condition specified in paragraph (2).

(2) Where an application is granted by the Primary Care Trust (or, on appeal, by the Secretary of State or the FHSAA), the applicant shall be included in the Primary Care Trust’s pharmaceutical list, or included in respect of different premises or services, only if, not less than 14 days before—

(a) the expiry of six months after the date on which the grant was notified to him by the Primary Care Trust in accordance with regulation 27(1) or regulation 37(1); or

(b) the expiry of such further period or periods, not in all exceeding nine months from the date of notification of the grant, as it, or on appeal the Secretary of State, may for good cause allow,

he notifies the Primary Care Trust, in the form set out in Part 2 of Schedule 4, that he will within the next 14 days commence the provision of the services in respect of which the application was made at the premises to which the application related.

(3) The Primary Care Trust may give written notice to an applicant whose application under regulation 5(1)(a) has been granted requiring him to commence the provision of pharmaceutical services by a date specified in its notice.

(4) The Primary Care Trust may not specify in the notice to be given under paragraph (3) a date—

(a) earlier than the date specified in paragraph (10);

(b) subject to sub-paragraph (d), within the period of 28 days beginning with the date of its notice;

(c) subject to sub-paragraph (d) ending later than the period of 3 months beginning with the date of its notice; or

(d) ending later than nine months from the date of notification of the grant.

(5) A notice under paragraph (3) shall inform the applicant of his right to appeal against the notice under regulation 29(5) and shall tell him how to make such an appeal.

(6) Where the Primary Care Trust has given a notice under paragraph (3), it shall include the applicant in its pharmaceutical list from the date specified unless the Primary Care Trust—

(a) the Primary Care Trust for good cause determines that the applicant shall commence the provision of pharmaceutical services from a different date (being a date not later than nine months from the date of notification of the grant), in which case the applicant shall be included in the pharmaceutical list from that date;

(b) the Primary Care Trust withdraws its notice;

(c) the applicant appeals under regulation 29(5), in which case where the appeal is unsuccessful the applicant shall be included in the Primary Care Trust’s pharmaceutical list in accordance with the Secretary of State’s determination of the appeal.

(7) Where—

(a) the Primary Care Trust has granted an application made under regulation 5(1)(b) or (c); and

(b) the applicant is suspended from the Primary Care Trust’s pharmaceutical list,

before giving the notification required under paragraph (2), a temporary chemist whose application to provide pharmaceutical services in his place has been granted may give that notification in accordance with paragraph (2); and (on satisfaction of the requirements in paragraph (1)) the Primary Care Trust shall include the temporary chemist in its pharmaceutical list.

(8) Where, at any time after making the application, but before—

(a) the expiry of the six months referred to in paragraph (2), or of any further period allowed by the Primary Care Trust or, on appeal, by the Secretary of State, in accordance with that paragraph; or

(b) the date specified by the Primary Care Trust in its notice under paragraph (3),

the applicant notifies the Primary Care Trust that he intends to change within the neighbourhood the premises from which he intends to provide pharmaceutical services, being the same services as those named in the application, and the Primary Care Trust is satisfied that the change is a minor relocation, it may, subject to regulations 25 and 26, amend the premises named in the original application.

(9) The date specified in paragraph (10) is—

(a) the date before which an applicant may not be included in the pharmaceutical list (or included in respect of different premises or services) for the purposes of paragraph (1); and

(b) the date of the notification of a grant of an application for the purposes of paragraphs (2) and (4).

(10) The date referred to in paragraph (9) is whichever of the dates mentioned in sub-paragraphs (a) or (b) is the later—

(a) the day after the expiry of the period of 30 days beginning on the date on which notice of the Primary Care Trust’s decision is given under regulation 27(1) or (as the case may be) regulation 37(1); or

(b) where an appeal or appeals relating to an application are made under these Regulations, the date on which the Secretary of State or the FHSAA, as the case may be, gives notice of his decision or its decision on the last such appeal to be decided.

(11) Where an application is one which falls to be determined in accordance with regulation 22(3), the Primary Care Trust shall not include the applicant in the relevant pharmaceutical list or alter such a list unless the application is finally granted within the meaning of paragraph (14).

(12) In the case of a grant of an application under regulation 5(1)(c), the Primary Care Trust shall within the period of 14 days beginning with the date of receipt of the notice set out in Part 2 of Schedule 4 notify the Primary Care Trust in whose list the applicant’s existing premises are located of the applicant’s intention to commence the provision of pharmaceutical services from his new premises.

(13) Where—

(a) an application made by a temporary chemist under regulation 5(1)(b) has been granted;

(b) the temporary chemist is included in the pharmaceutical list in respect of the premises or services specified in the application; and

(c) the suspension of the suspended chemist in whose place the temporary chemist is providing pharmaceutical services is terminated (and has not been followed by removal of the suspended chemist’s name from the pharmaceutical list),

the temporary chemist’s name shall be removed from the pharmaceutical list in respect of the premises or services in question, and the name of the chemist who had previously been suspended shall be included in the pharmaceutical list in respect of those premises or services in the place of the temporary chemist.

(14) An application granted in accordance with the provisions of regulations 33 to 36 shall not be treated as finally granted for the purposes of these Regulations until the end of the period for bringing an appeal under regulation 38 or until the determination of any such appeal, whichever is the later, and “final grant” shall be construed accordingly.