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3.—(1) Regulation 65 (core opening hours conditions) is amended as follows.
(2) Omit paragraph (3).
(3) Before paragraph (4) insert—
“(3A) NHS England may remove a 100 hours condition in respect of premises of an NHS pharmacist and replace it with a direction under paragraph (4) or (5) or paragraph 25 or 26 of Schedule 4, but that direction, and any subsequent direction which replaces that direction (whether it is in respect of those premises or any premises to which that NHS pharmacist, or any NHS pharmacist that is in succession to that NHS pharmacist, relocates), must specify a total number of core opening hours of not less than 72.”.
(4) In paragraph (4)(a)—
(a)in paragraph (i), omit “(other than as a consequence of a 100 hours condition)”;
(b)in paragraph (ii)—
(i)after “the NHSCB agreed” insert “, or the NHS pharmacist undertook,”,
(ii)for “the additional” substitute “any additional”, and
(iii)for from “(that is” to “and 40)” substitute “, or any core hours specified that replace (at any distance in succession) a 100 hours condition,”;
(c)in paragraph (iii), for “that undertaking and that” substitute “any such undertaking or”;
(d)after “hours so undertaken, and” omit “during the additional opening hours”; and
(e)after “set days so agreed” insert “or undertaken”.
(5) In paragraph (5)—
(a)in sub-paragraph (b)(ii)(aa), for from “(that is” to “and 40)” substitute “, or any core hours specified that replace (at any distance in succession) a 100 hours condition,”;
(b)after “hours so undertaken, and” omit “during any additional opening hours”; and
(c)after “set days so agreed” insert “or undertaken”.
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