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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, Paragraph 34A is up to date with all changes known to be in force on or before 05 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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34A.—(1) This paragraph applies as regards a consolidation application that is granted, in relation to the person who is—
(a)P1 for the purposes of regulation 26A (P1), if regulation 26A(3) applied to that application; or
(b)P2 for the purposes of regulation 26A (P2), if regulation 26A(4) applied to that application.
(2) [F2NHS England] may only change a pharmaceutical list to give effect to that decision if P1 or P2 gives [F2NHS England] a valid notice of consolidation, in the correct form, informing [F2NHS England] of the date on which the consolidation is to take effect in the next 14 days.
(3) A notice of consolidation under this paragraph is in the correct form if it—
(a)includes the information required under paragraph 29A; and
(b)is in the same format as the version of the notice sent by [F2NHS England] with the notice of decision under paragraph 28.
(4) A notice of consolidation is invalid unless it is sent to [F2NHS England] within—
(a)6 months of the date on which the applicant was sent the notice of [F2NHS England’s] decision under paragraph 28 granting the application;
(b)such longer period—
(i)not exceeding a further 3 months as [F2NHS England] may allow, or
(ii)if—
(aa)the grant is appealed by a person with third party appeal rights, or
(bb)P1 or P2 appeals successfully against a decision not to allow a longer period under paragraph (i),
as the Secretary of State may allow when the appeal is determined,
(5) A notice of consolidation ceases to have effect if the Secretary of State receives a valid notice of appeal from a person with third party appeal rights relating to the grant to which the notice of consolidation relates.
(6) Once, having regard to sub-paragraph (4), a valid notice of consolidation can no longer be sent in relation to the grant of a consolidation application, the grant of that application lapses.]
Textual Amendments
F1Sch. 2 para. 34A inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 18
F2Words 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
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