The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

Controlled localities U.K.

7.—(1)  [F1 NHS England] must—

(a) in respect of an area which on the appointed day continues to be, or to be part of, a controlled locality by virtue of regulation 36(1), delineate precisely the boundary of the controlled locality on a map (which may be part of a series of maps which relate to HWB areas);

(b) publish that map; and

(c) make that map available as soon as is practicable to any HWB that has all or part of that controlled locality in its area.

(2) Where—

(a) before the appointed day, a Primary Care Trust was considering whether or not an area is either a controlled locality or part of a controlled locality; or

(b) [F1 NHS England] is required, by virtue of paragraphs 2 to 5, to determine an application and in connection with determining that application, it also needs to determine whether or not an area is or is not a controlled locality, or part of a controlled locality,

paragraph (3) applies.

(3) Where—

(a) consideration by a Primary Care Trust mentioned in sub-paragraph (2)(a) was, or (by virtue of paragraph 2 or 4) an application referred to in sub-paragraph (2)(b) is, to be dealt with under the 2005 Regulations—

(i) the consideration of whether or not a locality is either a controlled locality or part of a controlled locality is to be dealt with by [F1 NHS England] in accordance with the 2005 Regulations, and

(ii) the arrangements for bringing an appeal in relation to the decision of [F1 NHS England], and the determination of any appeal validly brought, are to be in accordance with the 2005 Regulations;

(b) consideration by a Primary Care Trust mentioned in sub-paragraph (2)(a) was under the 2012 Regulations (unless it was in connection with an application which by virtue of paragraph 3 or 5 is to be determined in accordance with these Regulations)—

(i) the consideration of whether or not a locality is either a controlled locality or part of a controlled locality is to be dealt with by [F1 NHS England] in accordance with the 2012 Regulations, and

(ii) the arrangements for bringing an appeal in relation to the decision of [F1 NHS England], and the determination of any appeal validly brought, are to be in accordance with the 2012 Regulations,

but if that consideration was in connection with an application which by virtue of paragraph 3 or 5 is to be determined in accordance with these Regulations, the consideration of whether or not a locality is either a controlled locality or part of a controlled locality is also to be dealt with by [F1 NHS England] in accordance with these Regulations;

(c) an application referred to in sub-paragraph (2)(b) is to be dealt with under the 2012 Regulations (by virtue of paragraphs 3 or 5)—

(i) the related consideration of whether or not a locality is either a controlled locality or part of a controlled locality is to be dealt with by [F1 NHS England] in accordance with the 2012 Regulations, and

(ii) the arrangements for bringing an appeal in relation to the decision of [F1 NHS England], and the determination of any appeal validly brought, are to be in accordance with the 2012 Regulations;

(d) an application referred to in sub-paragraph (2)(b) is to be dealt with under these Regulations, the related consideration of whether or not a locality is either a controlled locality or part of a controlled locality is to be dealt with by [F1 NHS England] in accordance with these Regulations.

(4) Where, by virtue of sub-paragraph (3), it is determined (whether by [F1 NHS England] or on appeal by the Secretary of State) that an area is or is not, or is or is not part of, a controlled locality, [F1 NHS England] must—

(a) delineate precisely the boundary of any resulting controlled locality on a map;

(b) publish that map; and

(c) make that map available as soon as is practicable to any HWB that has all or part of any resulting controlled locality in its area,

and any area that becomes, or becomes part of, a controlled locality as a consequence of that determination is then a controlled locality, or part of a controlled locality, for the purposes of these Regulations (unless or until it is determined under these Regulations that it is no longer, or no longer part of, a controlled locality).

Textual Amendments

F1 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1