Pharmaceutical Services Regulations (Northern Ireland) 1997

Pharmaceutical list

6.—(1) Each Board shall prepare a list to be called “the pharmaceutical list” of the names of persons, other than doctors and dentists, who undertake to provide pharmaceutical services and of the addresses of the premises within the Board's area from which these persons undertake to provide such services. A list prepared under this regulation shall also—

(a) state the nature of the pharmaceutical services to be provided;

(b) state the days and hours during which the premises are open; and

(c) show chemists as a separate category of persons within that list.

(2) A person (hereinafter referred to in this regulation as an “applicant”)—

(a) who wishes to be included in the pharmaceutical list for the provision of pharmaceutical services; or

(b) whose name is already included in the pharmaceutical list, but who intends—

(i) to open within the Board's area, additional premises from which to provide pharmaceutical services; or

(ii) to relocate within the Board's area, the premises from which he provides pharmaceutical services; or

(iii) to provide pharmaceutical services other than those already listed in relation to him from premises which are already included in the pharmaceutical list,

shall apply to the Board in accordance with whichever version of Form A set out in Part I (chemists) or in Part II (persons other than chemists) of Schedule 3 is appropriate or in the case of an application under paragraph (4), whichever version of Form A (MR) set out in Part I or Part II of that Schedule is appropriate.

(3) Where an application is made and—

(a) the applicant intends to provide the same pharmaceutical services from premises from which, at the time of the application, another person whose name is included in the pharmaceutical list provides those services, in place of that person; and

(b) the condition specified in paragraph (5) is fulfilled,

the Board shall grant the application.

(4) Where an application is made and—

(a) the applicant intends to relocate to new premises, within the neighbourhood in which he provides pharmaceutical services, from the premises already listed in relation to him, and to provide from those new premises the same pharmaceutical services which he is listed as providing from his existing premises; and

(b) the Board is fully satisfied that the relocation is a minor relocation; and

(c) the condition specified in paragraph (5) is fulfilled,

the Board shall grant the application and shall notify its decision in accordance with paragraph 3(1) of Schedule 4.

(5) The condition referred to in paragraphs (3)(b) and (4)(c) is that in either case the provision of those particular pharmaceutical services will not be interrupted, except for such period as the Board may allow.

(6) In this regulation the reference to a minor relocation is to one where there will be no significant change in the neighbourhood population in respect of which pharmaceutical services are provided by the applicant and other circumstances are such that there will be no appreciable effect on the pharmaceutical services provided by the applicant or any other person whose name is included in the pharmaceutical list and who currently provides pharmaceutical services in the neighbourhood of the premises named in the application.

(7) Before satisfying itself that a relocation is a minor relocation the Board shall seek and take into account the views of the Local Pharmaceutical Committee.

(8) In the case of an application to which paragraph (4) applies, where the Board is not fully satisfied that the relocation is a minor relocation, it shall not grant the application but shall give notice in writing of its decision in accordance with paragraph 3(1) of Schedule 4.

(9) An application made in any case other than one to which paragraph (3) or (4) applies shall be granted by the Board, after the procedures set out in Schedule 4 have been followed, only if it is satisfied that the provision of pharmaceutical services at the premises named in the application is necessary or desirable in order to secure adequate provision of pharmaceutical services in the neighbourhood in which the premises are located by persons whose names are included in the pharmaceutical list.

(10) Where an application is granted by the Board, it shall be in accordance with whichever version of Form C, set out in Part I (chemists) or Part II (persons other than chemists) of Schedule 3 is appropriate.

(11) Where an application is granted in accordance with paragraph (9), the Board may grant it in respect of some or all of the pharmaceutical services specified in that application.

(12) An application, other than one to which paragraph (4)(a) applies, which is made by a person who is qualified to have his name registered under the Pharmacy (Northern Ireland) Order 1976(1) by virtue of Article 8(2)(c) of that Order (Qualification by European diploma) shall not be granted unless the applicant satisfies the Board 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 Board's area.

(13) Where an application is granted, the Board shall make the relevant entries in the pharmaceutical list only after the expiry of the period within which an appeal against the decision to grant the application might be intimated or the conclusion of all the appeal procedures, whichever is appropriate.

(1)

S.I. 1976/1213 (N.I. 22) as amended by S.R. 1987 No. 457