The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011

Amendment to regulation 5

4.—(1) Regulation 5 (pharmaceutical list) is amended as follows.

(2) In paragraph (2) (general application to Board) for the full out substitute—

“shall (except in the instance of an application to which paragraph (3) or (4) applies) complete a consultation in accordance with paragraph (2A) before making an application, and an application in every instance shall be in accordance with whichever version of Form A set out in Schedule 2 is appropriate”.

(3) After paragraph (2) insert—

“(2A) The consultation must—

(a) be for the purpose of assessing whether the neighbourhood to which the application relates has adequate provision, by persons on the pharmaceutical list, of some or all of the pharmaceutical services that the applicant intends to provide;

(b) be completed within the period of 20 working days immediately prior to the making of the application;

(c) be advertised—

(i) (where the application is to relocate) through display in a prominent place where the applicant currently provides pharmaceutical services;

(ii) (where the application is to open additional premises or to be included in the pharmaceutical list) through publication in a newspaper circulating in the neighbourhood in which the applicant intends to provide services;

(d) be for a continuous period of not less than 20 working days from the date of advertisement under sub-paragraph (c);

(e) in the case of an application to relocate, make it clear that the existing premises will close and are not to be included in the assessment under sub-paragraph (a).

(2B) Subject to paragraph (2E), an application made in any case other than one to which paragraph (3) or (4) applies shall be summarily refused (without being subject to the procedures in Schedule 3) by the Board unless it includes an applicant’s assessment which meets the requirements set out in paragraph (2C).

(2C) An applicant’s assessment in terms of Form A must include—

(a) a written statement from the person who may grant possession of the premises that (without prejudice to any negotiation in relation to any such grant) the premises may be used for the provision of pharmaceutical services;

(b) a description of any adjustments the applicant intends to make to the premises to ensure that the applicant will comply with the duties incumbent upon a provider of pharmaceutical services under section 29 of the Equality Act 2010;

(c) a description of the boundaries of the neighbourhood within which the applicant intends to provide pharmaceutical services;

(d) an assessment (in sufficient detail so as to assist the Board to make a determination) of the current provision in the neighbourhood described by the applicant of services for which the applicant believes there is not adequate provision by persons on the pharmaceutical list and evidence in support of that belief;

(e) a description of the pharmaceutical services which the applicant will provide;

(f) the date by which the applicant intends to commence the provision of such services;

(g) the hours in each day that the applicant intends to provide such services;

(h) a summary of the responses gathered by the applicant through the consultation under paragraph (2);

(i) (where the provisions of paragraph (2D) apply) evidence of the significant change that has occurred (which evidence will be of sufficient detail so as to assist the Board to make a determination) that means in the applicant’s view that it is now necessary or desirable that an application be granted in order to secure adequate provision, by persons on the pharmaceutical list, of pharmaceutical services by the applicant in the neighbourhood in which the premises are to be located.

(2D) The provisions of this paragraph apply where—

(a) an application for the provision of pharmaceutical services was refused by—

(i) the Board (and not overturned by the National Appeal Panel); or

(ii) the National Appeal Panel,

in the previous 12 months;

(b) that application was in relation to a neighbourhood that encompassed the same, or substantially the same, area encompassed by the neighbourhood to which the application that is now being submitted relates; and

(c) in the case of a refusal by the Board, the refusal of the application was not under paragraph (2B).

(2E) If, in the opinion of the Board, the applicant’s assessment submitted with the application does not comply with the requirements of paragraph (2C), the Board is not bound to refuse the application if the applicant within 5 working days of being asked by the Board provides further information that in the opinion of the Board meets the requirements set out in paragraph (2C).”.

(4) In paragraph (6) (minor relocation: further provision) for “appreciable” substitute “significant”.

(5) Omit paragraph (9).

(6) After paragraph (10) insert—

“(10A) When considering an application to which paragraph (10) applies, which is of the type described in paragraph (2)(b)(ii), the Board shall disregard premises already listed in relation to such applicant.”.

(7) For paragraph (11) substitute—

“(11) Where an application is granted it shall be notified on Form C set out in   Schedule 2.”.