The National Health Service (Pharmaceutical Services) Regulations 1992

Pharmaceutical lists

4.—(1) An FHSA shall prepare lists, to be called pharmaceutical lists, of the persons, other than doctors and dentists—

(a) whose applications to be included in a pharmaceutical list have been granted by the FHSA, subject to and in accordance with the provisions of these Regulations, and who accordingly undertake to provide pharmaceutical services from premises in the FHSA’s locality by way of the provision of drugs; and

(b) whose applications to be included in a pharmaceutical list have been granted by the FHSA, subject to and in accordance with the provisions of these Regulations, and who accordingly undertake to provide pharmaceutical services from premises in the FHSA’s locality by way of the provision of appliances,

and each such list shall contain the addresses of premises in the FHSA’s locality from which those services are provided and particulars of the days and hours at which those premises are open for such provision and, in the case of a list referred to in sub-paragraph (a) of this paragraph, shall indicate whether or not the chemist has undertaken to provide supplemental services under regulation 16.

(2) A person, other than a doctor or dentist—

(a) who wishes to be included in a pharmaceutical list for the provision of pharmaceutical services from premises in an FHSA’s locality; or

(b) who is already included in a pharmaceutical list but wishes—

(i) to open, within an FHSA’s locality, additional premises from which to provide the same or different pharmaceutical services,

(ii) to change the premises from which he provides pharmaceutical services to other premises within that locality from which he wishes to provide the same or different pharmaceutical services, or

(iii) to provide from his existing premises in that locality pharmaceutical services other than those already listed in relation to him,

shall apply to the FHSA in the form set out in Part I of Schedule 3, and in this regulation “applicant” and “application” shall be construed accordingly.

(3) In the case of any application under paragraph (2), where the applicant intends—

(a) to change within the neighbourhood the premises from which he provides pharmaceutical services, being the same services as he intends to provide from the new premises, and the FHSA is satisfied that the change is a minor relocation; or

(b) to provide pharmaceutical services at premises from which those services are, at the time of the application, provided by a person who is included in a pharmaceutical list prepared by the FHSA in accordance with paragraph (1)(a) or (b), and the FHSA is satisfied that the same services will be provided from those premises,

and, in either case, the provision of pharmaceutical services will not be interrupted (except for such period as the FHSA may for good cause allow), the application shall be granted by the FHSA, subject, in a case falling within sub-paragraph (b) above, to paragraph (5).

(4) An application in any case other than those specified in paragraph (3) shall be granted by the FHSA only if it is satisfied that it is necessary or desirable to grant the application in order to secure, in the neighbourhood in which the premises from which the applicant intends to provide the services are located, the adequate provision, by persons included in the list, of the services, or some of the services, specified in the application.

(5) An application, other than one to which paragraph (3)(a) applies, which is made by a person who qualified to have his name registered under the Pharmacy Act 1954(1) by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the FHSA that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the FHSA’s locality.

(6) An application to an FHSA may be granted either in respect of all, or in respect of some only, of the services specified in it.

(7) Subject to paragraph (8), any question whether an application should or should not be granted (whether in respect of some or all of the services specified in it) in accordance with the provisions of paragraphs (3) to (6), shall be determined by the FHSA in accordance with the procedure set out in regulations 5, 6, 7 and 8.

(8) Where, by virtue of regulation 11, an application is one which falls to be determined in accordance with regulation 12, the FHSA shall not include the applicant in the relevant pharmaceutical list unless the application is finally granted under the provisions of regulation 12(16).

(9) Where an application is granted by the FHSA, the applicant shall be included in the relevant pharmaceutical list or lists only if, not less than 14 days before the expiry of six months after the date on which the grant was notified to him by the FHSA in accordance with regulation 7, or of such further period or periods, not in all exceeding 24 months from the date of the grant, as it, or, on appeal the Secretary of State, may for good cause allow, he notifies the FHSA, in the form set out in Part II of Schedule 3, 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.

(10) Where, at any time after making the application, but before the expiry of the six months referred to in paragraph (9), or of any further period allowed by the FHSA or, on appeal, by the Secretary of State in accordance with that paragraph, the applicant notifies the FHSA 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 FHSA is satisfied that the change is a minor relocation, it may amend the premises named in the original application.

(11) For the purposes of regulation 4(9), the date of the notification of a grant of any application shall be—

(a) where no appeal is made under regulation 8(3) against the decision of the FHSA, the day after the expiry of the period of 30 days beginning on the date on which notice of that decision is given under regulation 7(1);

(b) where such an appeal is made, the date on which the Secretary of State gives notice of his decision under regulation 8(15).

(1)

1954 c. 61. Section 4A was inserted by S.I. 1987/2202, Article 2(4).