The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002

Amendment of the principal Regulations

10.—(1) The principal Regulations are amended as follows.

(2) In regulation 4 (pharmaceutical lists)—

(a) in paragraph (3), after “granted by the FHSA, subject,” insert “in a case falling within sub-paragraph (a) above, to regulation 6A, and”;

(b) in paragraph (4), at the beginning insert “Subject to regulation 6A,”; and

(c) in paragraph (10), after “the FHSA is satisfied that the change is a minor relocation, it may” insert “, subject to regulation 6A,”.

(3) In regulation 5 (notification of applications), in paragraph (1), at the beginning insert “Subject to regulation 6A,”.

(4) In regulation 6 (determination of applications), at the beginning of paragraphs (1), (2) and (7), insert “Subject to regulation 6A,”.

(5) After regulation 6 (determination of applications), insert—

“Deferral of consideration of certain applications

6A— (1) Subject to paragraph (2), this regulation applies to—

(a) an application under regulation 4(2);

(b) an application under regulation 4(2) where the applicant has previously been granted preliminary consent, but where regulation 15(2) applies;

(c) an application for preliminary consent under regulation 14; or

(d) a notification under regulation 4(10),

relating to the provision of pharmaceutical services from premises (in the case of a notification under sub-paragraph (d) above, the changed premises) which are specified or described in a designation, or located within a neighbourhood specified in a designation.

(2) This regulation does not apply to—

(a) an application under regulation 4(2) and to which regulation 4(3)(b) applies;

(b) an application under regulation 4(2) where the applicant has previously been granted preliminary consent, and where all the conditions specified in regulation 15(1) are satisfied;

(c) an application under regulation 14 and to which, by virtue of regulation 14(4), regulation 4(3)(b) applies;

(d) an application or notification in respect of which a determination by the Health Authority has been made, where that determination is the subject of an appeal under regulation 8 or 13; or

(e) an application or notification which was received by the Health Authority more than thirty days before the date of the designation mentioned in paragraph (1).

(3) A Health Authority may defer consideration or determination of an application or notification to which this regulation applies; but may no longer do so when the designation mentioned in paragraph (1) is cancelled (or varied in such a way that it no longer specifies or includes the premises in question).

(4) A Health Authority must, as soon as is practicable, notify the applicant of a decision to defer consideration or determination of his application or notification, and send him a copy of the designation mentioned in paragraph (1).

(5) In this regulation, “designation” means a designation made by a Health Authority under regulation 3(1) of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002(1).”

(6) In regulation 11 (applications for inclusion in pharmaceutical lists in respect of controlled localities)—

(a) in paragraph (2), after “Subject to paragraph (4)” insert “and regulation 6A”; and

(b) in paragraph (3), at the beginning insert “Subject to regulation 6A,”.

(7) In regulation 12 (determination of applications in respect of controlled localities)—

(a) at the beginning of paragraphs (1), (2), (2A), (5), (12) and (13), insert “Subject to regulation 6A,”; and

(b) in paragraph (14), after “regulation 4(4)” insert “and regulation 6A”.

(8) In regulation 15 (effect of preliminary consent), in paragraph (1), after “Subject to” insert “regulation 6A and”.

(1)

S.I. 2002/888.