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

Conditions relating to voluntary closure of premises U.K.

67.—(1) Except in the circumstances described in paragraph (3) [F1 or (5)], where an NHS chemist (C) wishes, other than as a consequence of a change of ownership application [F2 or a consolidation application]—

(a) to withdraw from a pharmaceutical list, or

(b) for particular listed chemist premises no longer to be listed in relation to C,

C must comply with paragraph (2).

(2) C must notify [F3 NHS England] of C's wish—

(a) unless sub-paragraph (b) applies, at least 3 months in advance of the date on which pharmaceutical services are no longer to be provided;

(b) at least—

[F4 (i) 6 months in advance of that date, in the case of premises in respect of which a 100 hours condition applies or has ever applied, or in respect of which a direction that replaced (at any distance in succession) a 100 hours condition applies, or]

(ii) 30 days in advance of that date, if—

(aa) a condition is imposed under regulation 35,

(bb) C appeals that condition to the First-tier Tribunal,

(cc) on appeal, the First-tier Tribunal confirms the imposition of that condition or imposes another condition, and

(dd) within 30 days of being informed of the decision of the First-tier Tribunal, C notifies [F3 NHS England] that C wishes to withdraw from the pharmaceutical list within a shorter period of not less than 30 days,

unless either it is impracticable for C to do so, in which case C must notify [F3 NHS England] as soon as it is practicable for C to do so, or [F3 NHS England] agrees to a shorter notification period.

(3) If C has consented to—

(a) particular listed chemist premises no longer being listed in relation to C by [F3 NHS England]; or

(b) being removed from the pharmaceutical list for the area of a HWB,

in the context of a relocation application, [F5 which is not part of a consolidation application,] paragraph (4) applies.

(4) In the circumstances described in paragraph (3), C must, where the relocation application is granted, when C gives notice to [F3 NHS England] of C's intention to commence the provision of pharmaceutical services at the new premises (in accordance with paragraph 34 of Schedule 2), give notice to [F3 NHS England] of when, before C commences the provision of pharmaceutical services at the new premises, C is to cease to provide pharmaceutical services at the existing premises.

[F6 (5) If C has consented to—

(a) particular listed chemist premises no longer being listed by [F3 NHS England]; or

(b) being removed from a pharmaceutical list for the area of a HWB,

in the context of a consolidation application, paragraph (6) applies.

(6) In the circumstances described in paragraph (5), in the context of an application—

(a) to which regulation 26A(3) applies, if it is granted—

(i) C who is the person listed in relation to S2 for the purposes of regulation 26A(3)(b) must give notice of C’s intention to cease the provision of pharmaceutical services at the same time as C who is P1 for the purposes of regulation 26A(3) issues a notice in accordance with paragraph 34A of Schedule 2; but

(ii) C who is P1 for the purposes of regulation 26A(3) need not issue a notice under this regulation;

(b) to which regulation 26A(4) applies, if it is granted—

(i) C who is the person listed in relation to S1 for the purposes of regulation 26A(4) must give notice of C’s intention to cease the provision of pharmaceutical services at the same time as C who is P2 for the purposes of regulation 26A(4) issues a notice in accordance with paragraph 34A of Schedule 2; but

(ii) C who is P2 for the purposes of regulation 26A(4) need not issue a notice under this regulation.]

Textual Amendments

F1 Words in reg. 67(1) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 9(a)(i)

F2 Words in reg. 67(1) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 9(a)(ii)

F3 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

F4 Reg. 67(2)(b)(i) substituted (25.5.2023) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2023 (S.I. 2023/479), regs. 1(2), 5

F5 Words in reg. 67(3) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 9(b)

F6 Reg. 67(5)(6) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 9(c)