The National Health Service (Pharmaceutical Services) Regulations 2005

PART 5 Provision of Pharmaceutical Services by Doctors

Arrangements for provision of pharmaceutical services by doctors

60.—(1) Where a patient—

(a) satisfies a Primary Care Trust that he would have serious difficulty in obtaining any necessary drugs or appliances from a pharmacy by reason of distance or inadequacy of means of communication;

(b) is resident in a controlled locality, at a distance of more than 1.6 kilometres from any pharmacy (other than a distance selling chemist), and one of the conditions specified in paragraph (3) is satisfied in his case;

(c) is resident in a controlled locality and any pharmacy within a distance of 1.6 kilometres from where the patient lives—

(i) has been determined to be in a reserved location, and that determination has not been altered on appeal or by way of a further determination, or

(ii) is a distance selling chemist,

and one of the conditions specified in paragraph (3) is satisfied in his case; or

(d) is one to whom sub-paragraph (a) or (b) applies and at the time of the request the patient is living as a member of the household, other than as a temporary resident, of another person in respect of whom a doctor has residual premises approval, and for this purpose “residual premises approval” has the same meaning as in regulation 66(9) and a person is a “temporary resident” if he intends to stay in the household for more than 24 hours but not longer than three months,

he may at any time request in writing a doctor who falls within paragraph (2) to provide him with pharmaceutical services.

(2) A doctor falls within this paragraph if he is—

(a) the GMS contractor, the PMS contractor or the APMS contractor;

(b) engaged or employed by the GMS contractor, the PMS contractor or the APMS contractor; or

(c) engaged by a Primary Care Trust for the purposes of providing primary medical services within a PCTMS practice,

on whose patient list the patient making the request is included.

(3) The conditions referred to in paragraph (1)(b) and (c) are—

(a) that—

(i) there is in effect an outline consent granted to—

(aa) that doctor;

(bb) another doctor who is a party to the GMS contract, the PMS agreement or the APMS contract concerned;

(cc) another doctor who is engaged or employed by the GMS contractor or the PMS contractor or the APMS contractor concerned; or

(dd) another doctor who is providing primary medical services within the same PCTMS practice,

(ii) there is in effect premises approval in relation to the premises from which the doctor will dispense to that patient, and

(iii) any conditions imposed under regulation 20, 29(18)(b), 32(10)(b) or 38(14)(b) in connection with that grant are such as to permit arrangements to be made under this regulation for the provision of pharmaceutical services by that doctor to the patient; or

(b) that—

(i) immediately before these Regulations came into force, arrangements or requirements were in effect under the 1992 Regulations for—

(aa) that doctor;

(bb) another doctor who is a party to the GMS contract or the PMS agreement concerned;

(cc) another doctor who is engaged or employed by the GMS contractor or PMS contractor concerned; or

(dd) any previous doctor who was a party to the GMS contract or the PMS agreement concerned, or who was engaged or employed by the GMS contractor or PMS contractor concerned,

to provide drugs or appliances to patients,

(ii) the patient—

(aa) has not previously been included in a patient list;

(bb) has changed his address from that last notified to the Primary Care Trust; or

(cc) has not changed his address but, immediately before his acceptance as a patient by that doctor, was being provided with pharmaceutical services by a doctor pursuant to an arrangement or requirement under the1992 Regulations, and

(iii) there is in effect premises approval in relation to the premises from which the doctor will dispense to that patient.

(4) If a doctor so requested by a patient under paragraph (1)—

(a) applies to provide pharmaceutical services to the patient, and sends with his application the patient’s request in writing, the Primary Care Trust shall make arrangements with him for the provision at listed premises of such services by him; or

(b) does not so apply within 30 days, the Primary Care Trust may, subject to paragraph (6), require him to undertake such provision at listed premises and shall give him notice in writing to that effect.

(5) Subject to regulation 66, an arrangement made by a Primary Care Trust under paragraph (4)(a) shall—

(a) have effect from the date of the patient’s request in writing; and

(b) enable—

(i) that doctor,

(ii) any other doctor who is party to the same GMS contract, PMS agreement or APMS contract as that doctor,

(iii) any other doctor who is employed or engaged by the same GMS, PMS or APMS contractor, or

(iv) any doctor who provides primary medical services within the same PCTMS practice,

to provide pharmaceutical services at listed premises for the patient so long as the arrangement remains in effect.

(6) A Primary Care Trust shall not under paragraph (4)(b) require a doctor to provide pharmaceutical services at listed premises to a person on the relevant patient list for that doctor if that doctor satisfies the Primary Care Trust, or on appeal, the Secretary of State that—

(a) he does not normally provide pharmaceutical services under this regulation; or

(b) in the case of a person to whom paragraph (1)(b), (c) or (d) applies, the person would not have serious difficulty, by reason of distance or inadequacy of means of communication, in obtaining drugs and appliances from a pharmacy.

(7) A Primary Care Trust shall give a doctor reasonable notice—

(a) that it requires him to provide pharmaceutical services to any person; or

(b) subject to paragraph (8), that where a person no longer satisfies the provisions of paragraph (1), the doctor shall discontinue the provision of pharmaceutical services to that person.

(8) A notice under paragraph (7)(b)—

(a) shall be subject to any postponement or termination of arrangements for the provision of pharmaceutical services to that person by that doctor made under regulation 20(2), 29(18)(b), 32(10)(b) or 38(14)(b); and

(b) shall not be given—

(i) pending any appeal against a decision by a Primary Care Trust to postpone the making or termination of such arrangements, or

(ii) where regulation 31(9) so requires.

(9) Notwithstanding paragraph (4), where a drug or appliance is one for which a doctor is entitled to an additional payment if he provides it, he may, with the consent of the patient, instead of providing it himself, order it by issuing a prescription to the patient in accordance with paragraph 39 of Schedule 6 to the GMS Regulations (or paragraph 38 of Schedule 5 to the PMS Regulations or equivalent provision applying in relation to an APMS contractor or PCTMS practice).

(10) Where under any provision of regulations revoked by, and not re-enacted in, the 1992 Regulations, an arrangement or requirement for a doctor to provide drugs or appliances to a patient was in effect immediately before the 1992 Regulations came into force, that arrangement or requirement shall have effect as though made under this regulation notwithstanding that neither of the conditions specified in paragraph (3) is satisfied.

(11) A doctor who provides pharmaceutical services to some or all of the patients on the relevant patient list in accordance with this regulation may provide any necessary pharmaceutical services to a person whom the relevant GMS, PMS or APMS contractor or the PCTMS practice has accepted as a temporary resident under paragraph 16 of Schedule 6 to the GMS Regulations or under paragraph 15 of Schedule 5 to the PMS Regulations or any equivalent provision applying to APMS contracts and PCTMS practices.

(12) An appeal under paragraph (6) shall be made in writing within the period of 30 days beginning with the date on which notice of the decision was sent to the doctor and shall contain a concise statement of the grounds of appeal.

(13) The Secretary of State shall, on receipt of any notice of appeal under this regulation, send a copy of that notice to the Primary Care Trust and the relevant GMS contractor, PMS contractor or APMS contractor, and the Primary Care Trust and relevant GMS contractor, PMS contractor or APMS contractor may, within 30 days from the date on which the Secretary of State sent a copy of the notice of appeal, make representations in writing to him.

(14) The Secretary of State may determine an appeal pursuant to paragraph (6) in such manner as he thinks fit.

(15) The Secretary of State shall, upon determination by him of an appeal under this regulation, give notice of his decision in writing, together with the reasons for it, to the appellant, to the Primary Care Trust and to the relevant GMS contractor, PMS contractor or APMS contractor.

Outline consent and premises approval

61.—(1) A doctor wishing to be granted the right to provide pharmaceutical services under regulation 60(1)(b) or (c) by arrangement with a Primary Care Trust to patients residing in an area, may apply to the Primary Care Trust in writing for—

(a) consent (in these Regulations referred to as “outline consent”) specifying the area in relation to which he wishes the outline consent to be granted; and

(b) approval of any premises from which he wishes to dispense (“premises approval”), specifying—

(i) the premises for which he wishes to be granted premises approval and whether those premises are listed premises in relation to a different area, and

(ii) whether the application arises because there has been a practice amalgamation and, if so, the names of the doctors or contractors participating in the amalgamation.

(2) An application under paragraph (1) shall be determined in accordance with paragraph (3) and regulations 18, 20(2), 33 to 38 and 62.

(3) The Primary Care Trust may refuse an application in respect of some of the premises for which approval is sought (notwithstanding that it would, if determining the application for those premises in isolation, grant it) where the number of applications for premises approval are such, or the circumstances in which they are made are such, that to grant all or some of them would prejudice the proper provision of primary medical services, dispensing services, local pharmaceutical services or pharmaceutical services in any locality.

Taking effect of outline consent and premises approval

62.—(1) When granting outline consent, the Primary Care Trust shall determine in accordance with paragraph (2) when the outline consent is to take effect.

(2) The outline consent shall take effect—

(a) in relation to premises to which paragraph (3) applies, on the date on which outline consent is finally granted; and

(b) in relation to premises to which paragraph (4) applies, in accordance with paragraphs (11) to (13).

(3) This paragraph applies to premises for which outline consent is sought and—

(a) which were, on the date of receipt of the application by the Primary Care Trust—

(i) practice premises, or

(ii) in a reserved location; or

(b) in relation to which, on the day before the date on which the application for outline consent is granted, there are no outstanding applications.

(4) This paragraph applies where, on the day before the date on which the application for outline consent is granted, there are outstanding applications.

(5) For the purposes of paragraphs (3) and (4), and regulations 64 and 65, an “outstanding application” means an application under regulation 5 or 40 which—

(a) is in relation to premises which are within 1.6 kilometres of the premises for which premises approval has been sought; and

(b) which—

(i) has been made but not determined (including on appeal), or

(ii) has been granted but the provision of pharmaceutical services from those premises has not commenced.

(6) Where paragraph (2)(b) applies, notification of the determination of the application for outline consent by the Primary Care Trust or, on appeal, by the Secretary of State, shall give details of—

(a) the outstanding applications; and

(b) the earliest date on which, subject to paragraph (7), an application can be made under paragraph (11) to the Primary Care Trust for a determination that the outline consent should come into effect (“provisional date”).

(7) The provisional date is the day after the end of a period of one year beginning with the date of—

(a) the determination of the application for outline consent; or

(b) where that determination is the subject of an appeal, the determination of that appeal.

(8) The Primary Care Trust may, at any time before the provisional date, for good cause determine that the provisional date shall be extended for a period not exceeding three months beginning with the date specified in paragraph (7)(a) or (b), and any reference in this regulation or in regulation 64 to the provisional date shall include a reference to the provisional date as extended under this paragraph.

(9) The Primary Care Trust shall—

(a) ensure that any notifications required to be given by the Primary Care Trust or the Secretary of State in relation to any outstanding applications are also given to the doctor who made the application under regulation 61;

(b) notify that doctor if any outstanding application is withdrawn; and

(c) where it extends the provisional date under paragraph (8), notify that doctor of the new provisional date.

(10) The outline consent shall lapse if, before the provisional date, pharmaceutical services are provided from premises which were the subject of an outstanding application which has been granted.

(11) On, or as soon as reasonably practicable after, the provisional date, the Primary Care Trust shall notify the doctor who made the application under regulation 61 and—

(a) he may within three months of the provisional date request the Primary Care Trust in writing to determine whether the outline consent should come into effect; and

(b) the Primary Care Trust shall determine the request as soon as practicable and in accordance with paragraphs (12) and (13).

(12) Where on the date of the determination under paragraph (11), the premises are practice premises, the Primary Care Trust shall determine that the outline consent and premises approval in respect of those premises shall come into effect on that date.

(13) Where, on the date of the determination under paragraph (11), the premises are not practice premises—

(a) the application for outline consent shall be refused as regards premises approval for those premises; or

(b) where none of the premises for which premises approval has been granted are practice premises, the outline consent shall lapse.

(14) The Primary Care Trust shall notify its determination under paragraph (11) to the applicant and those persons to whom notice of the application under regulation 61 was required to be given under regulation 33(2) and (3).

(15) Where the Primary Care Trust has determined that—

(a) the provisional date shall be extended under paragraph (8);

(b) the application for outline consent shall be refused under paragraph (13)(a); or

(c) outline consent shall lapse under paragraph (13)(b),

the applicant may appeal under regulation 38 to the Secretary of State against any such determination by giving notice of appeal in accordance with regulation 38(5).

(16) Premises approval shall take effect when the relating outline consent takes effect.

Lapse of outline consent and premises approval

63.—(1) An outline consent shall cease to have effect—

(a) where no arrangement under regulation 60 has been made pursuant to it within 12 months from its taking effect;

(b) where more than 12 months have elapsed since the last provision of drugs and appliances under an arrangement made pursuant to regulation 60;

(c) in accordance with regulations 62(10) or (13); or

(d) where there is a practice amalgamation and following the amalgamation there are no practice premises which have premises approval.

(2) Premises approval shall cease to have effect in relation to—

(a) listed premises which have permanently ceased to be practice premises;

(b) listed premises which have not been used for dispensing by any doctor authorised to dispense from those premises for six months or such longer period as the Primary Care Trust may for good cause allow;

(c) listed premises where a doctor who has outline consent to dispense from those premises has notified the Primary Care Trust that all the doctors who have authority to dispense from those premises have ceased to do so;

(d) listed premises where there is no doctor with premises approval in respect of them remaining on the dispensing doctor list; or

(e) listed premises which were granted premises approval under regulation 66(3), where no practice amalgamation takes place within the period specified in regulation 66(7).

(3) Premises approval shall cease to have effect where the relating outline consent ceases to have effect.

Premises approval: change of premises before outline consent takes effect

64.—(1) Where—

(a) outline consent has been granted but has not yet taken effect under regulation 62; and

(b) before the provisional date the doctor who made the application under regulation 61 intends to change the premises from which he wishes to dispense,

he may apply to the Primary Care Trust in writing for the Primary Care Trust to determine whether premises approval should be given in relation to the new premises, and the Primary Care Trust shall make the determination in accordance with paragraph (2).

(2) If the Primary Care Trust is satisfied that the change of premises is a minor relocation it may grant premises approval for those premises, but if it is not so satisfied the application for the premises approval to be given in relation to the new premises shall be refused.

(3) The Primary Care Trust shall notify those persons to whom notice of the application under regulation 61 was required to be given and applicants in relation to the outstanding applications, of its determination under paragraph (2).

(4) The determination by the Primary Care Trust under paragraph (2) may be appealed to the Secretary of State under regulation 38 by the applicant.

Premises approval: additional and new premises after outline consent has taken effect

65.—(1) A doctor who—

(a) has been granted outline consent which has taken effect; or

(b) provides pharmaceutical services in reliance on regulation 60(3)(b),

and who wishes to be granted premises approval in relation to premises in addition to those in respect of which premises approval has been given (“additional premises”) may apply to all the appropriate Primary Care Trusts and—

(i) the application shall be determined by the relevant Primary Care Trust, and

(ii) regulations 18, 20(2), 34 to 36(1) and (3) to (9), 37, 38 and 61 and this regulation shall apply to such an application as they apply to an application for outline consent under regulation 61.

(2) For the purposes of this Regulation—

(a) the “appropriate Primary Care Trusts” are those who hold dispensing doctor lists on which the doctor making the application is included; and

(b) the “relevant Primary Care Trust” is the Primary Care Trust in whose area the additional premises are situated.

(3) A doctor wishing to be granted premises approval in relation to premises (“new premises”) where he wishes to dispense instead of listed premises may apply to all the appropriate Primary Care Trusts and the application shall be determined by the relevant Primary Care Trust in accordance with paragraph (4).

(4) The relevant Primary Care Trust shall—

(a) grant the application made in accordance with paragraph (3) where—

(i) the new premises are less than 500 metres by the most practicable route on foot from the listed premises which they are to replace, or

(ii) the Primary Care Trust is otherwise satisfied that granting the application would not result in a significant change in the arrangements for the provision of pharmaceutical services or dispensing services in any part of a controlled locality,

provided that no further applications shall be granted under this sub-paragraph for a period of 12 months beginning with the date on which the doctor commenced providing services from the new premises unless the Primary Care Trust shall for good cause allow; or

(b) in any other case determine the application in accordance with paragraph (1) as if the references to additional premises were to new premises.

(5) The Primary Care Trust shall notify its determination under paragraph (4)(a) to the persons to whom the notice is required to be given under regulation 33(2) and (3) and to the appropriate Primary Care Trusts.

(6) A determination by the Primary Care Trust may be appealed to the Secretary of State under regulation 38 by the applicant and any of the persons notified under paragraph (5) apart from any Local Pharmaceutical Committee or any Local Medical Committee.

(7) Subject to paragraph (8), when granted in relation to new or additional premises, the premises approval shall take effect from the date of notification of the grant and for this purpose the date of the notification of a grant of any application shall be—

(a) where no appeal is made under paragraph (6) against the decision of the Primary Care Trust, the date after the expiry of the period of 30 days beginning with the date on which notice of that decision is given under paragraph (5); or

(b) where such an appeal is made, the date on which the Secretary of State gives notice of his decision under regulation 38.

(8) Where—

(a) the premises approval is granted in relation to additional premises; and

(b) in relation to the premises for which the authority is granted there were, at the date of the grant, outstanding applications,

the premises approval shall provisionally take effect on the date which is the day after the end of a period of one year, or such longer period (not exceeding three months) as the Primary Care Trust may for good cause allow before the expiration of that year, from the final resolution of any outstanding application.

(9) The Primary Care Trust may grant temporary premises approval to a doctor who has outline consent and premises approval in relation to additional or new premises where it considers it desirable to do so to secure the adequate provision of pharmaceutical services in the area served by the premises, and renew any such temporary authority granted, to secure such adequate provision, and where it does so it shall—

(a) notify those persons to whom notice of the application under regulation 61 was required to be given under regulation 32(2) and (3) and applicants in relation to outstanding applications;

(b) state the period during which the temporary premises approval is to apply; and

(c) include those premises in the dispensing doctors list in relation to that doctor.

(10) Temporary premises approval may be granted for a period not exceeding 12 months, and may be renewed for a further period not exceeding three months.

Premises approval: practice amalgamations

66.—(1) For the purposes of these Regulations, “a practice amalgamation” occurs where either—

(a) two or more providers of primary medical services merge; or

(b) a GMS contractor, PMS contractor, an APMS contractor or a doctor who provides primary medical services for a PCTMS practice is employed or engaged by another GMS contractor, PMS contractor or APMS contractor or by a Primary Care Trust to provide services within another PCTMS practice,

as a result of which two or more patient lists are combined.

(2) If, following a practice amalgamation, all the practice premises of the new practice are premises in respect of which premises approval was in effect immediately prior to the practice amalgamation, then outline consent and premises approval shall continue to have effect.

(3) Where there is, or will be, a practice amalgamation and none or not all of the practice premises of the new practice are, or will be, premises in respect of which premises approval was in effect immediately prior to the practice amalgamation, a doctor who has been granted outline consent and premises approval which is in effect either immediately before the practice amalgamation or the date of the application under this paragraph, may make an application for premises approval, and it shall be determined as provided in regulation 65 as if it were an application from a doctor with premises approval to have the right to dispense from—

(a) additional premises where the premises approval is required for additional premises as defined in regulation 65(1); or

(b) new premises where the premises approval is required for new premises as defined in regulation 65(3),

and the Primary Care Trust may grant temporary premises approval under regulation 65(9).

(4) An application mentioned in paragraph (3) may be made before or after the practice amalgamation takes place, and where the practice amalgamation takes effect before the application has been finally determined—

(a) any premises approval in effect at the date of the practice amalgamation shall have effect from the date of the amalgamation as if it were a temporary approval under regulation 65(9) for a period stated by the Primary Care Trust not exceeding one year; and

(b) the new practice shall have temporary premises approval from the date of the practice amalgamation to dispense from any premises mentioned in the application for a period stated by the Primary Care Trust not exceeding one year.

(5) When the practice amalgamation takes effect the doctors shall notify all Primary Care Trusts in whose area the amalgamated practice is situated that the practice amalgamation has taken place.

(6) Subject to paragraph (7), where an application made under paragraph (3) was granted before the practice amalgamation takes place, premises approval shall take effect from the date of the practice amalgamation.

(7) Where an application was made under paragraph (3) before the practice amalgamation takes place and the practice amalgamation has not taken place before the end of a period of one year beginning with the date that premises approval was granted under that paragraph, that grant shall lapse.

(8) Where an application under paragraph (3) for premises approval is refused either for all or any of the premises specified in the application, whether before or after the practice amalgamation takes place, the doctors who had premises approval prior to making the application, and any other doctor in the new practice after that date shall have residual premises approval.

(9) For the purposes of this regulation “residual premises approval” means premises approval to dispense—

(a) from premises in respect of which the doctor or another doctor in his practice had premises approval at the time of the application in relation to the practice amalgamation; and

(b) to—

(i) a patient for whom the doctor making the application is authorised to provide pharmaceutical services on the date the application was refused, but excluding any such patient who ceases to be a patient mentioned in regulation 60(1)(b) or (c); or

(ii) a patient who is not mentioned in paragraph (i) but who is mentioned in regulation 60(1)(a) or (d) and for whom the doctor making the application is authorised to provide pharmaceutical services on the date the application was refused.

(10) For the purposes of paragraph (9), regulation 60(1)(b) or (c) shall be read as if the words “and one of the conditions specified in paragraph (3) is satisfied in his case” were omitted.

Premises approval – transitional provisions

67.—(1) This regulation applies to a doctor who has been finally granted outline consent under the 1992 Regulations, or for whom arrangements or requirements were in effect under the 1992 Regulations, to provide drugs or appliances to patients and that consent is, or those arrangements or requirements are, in effect on the date these regulations come into force.

(2) For the purposes of this regulation, “relevant premises” means—

(a) premises from which, at the date of notification under paragraph (5), the doctor is providing primary medical services; or

(b) premises in addition to or in place of the premises specified in paragraph (a) where, immediately before the date these Regulations came into force, the doctor intended to dispense.

(3) The Primary Care Trust shall determine whether or not to grant premises approval to relevant premises in accordance with paragraphs (4) to (6).

(4) Before the end of the period of 30 days beginning with the date that these Regulations come into force, the Primary Care Trust shall notify each doctor who is on its dispensing doctors list that—

(a) the Primary Care Trust is required to make a determination under paragraph (3) as to whether or not to grant premises approval in respect of the relevant premises; and

(b) he may make written representations to the Primary Care Trust in relation to such a determination within the period of 30 days beginning with the date of the Primary Care Trust’s notification or such longer period as the Primary Care Trust may for good cause allow.

(5) The Primary Care Trust shall—

(a) also notify the Local Medical Committee and the Local Pharmaceutical Committee which were required to be sent a copy of the application under regulations 33(2) and (3) and inform them that they may make written representations within the period of 30 days beginning with the date of the Primary Care Trust’s notification;

(b) consider any representations received from the Committees mentioned in sub-paragraph (a) and the doctor;

(c) determine that the doctor has premises approval for premises which are, or are part of, relevant premises; and

(d) notify its decision to the doctor, the Committees mentioned in sub-paragraph (a), any person providing pharmaceutical services or dispensing services in the Primary Care Trust’s area whose interests might, in the opinion of the Primary Care Trust, be affected and all Patients' Forums in that area.

(6) The Primary Care Trust shall grant premises approval under paragraph (3) where—

(a) it is satisfied that the relevant premises were, prior to the coming into force of these Regulations, being routinely used to provide dispensing services; or

(b) outline consent had been granted under the 1992 Regulations after 31st March 2004 in respect of the relevant premises.

(7) The Primary Care Trust shall not refuse to grant premises approval under paragraph (3) by reason of the relevant premises being within 1.6 kilometres of any pharmacy.

(8) The Primary Care Trust’s determination under paragraph (5)(c) may be appealed to the Secretary of State by a person notified of the determination under paragraph (5)(d) except the Committees mentioned in paragraph (5)(a), and regulations 38(5) to (15) shall apply to such appeals except that, for this purpose, regulation 38 shall be read as if—

(a) in paragraph (7) the reference to “those persons mentioned in paragraph (3)(a)” were a reference to those persons notified under paragraph (5)(d);

(b) in paragraph (12) the list of persons to whom notice of the hearing should be sent were a reference to the persons notified under paragraph (5)(d); and

(c) in paragraph (14) sub-paragraphs (b), (c) and (d) were omitted.

(9) Until—

(a) the date of the determination of the Primary Care Trust under paragraph (3); or

(b) the date that any appeal under paragraph (7) is decided,

whichever is the later, a doctor shall be deemed to have been granted premises approval for the relevant premises, but he may not make any application under regulation 64 or 65 by virtue of this paragraph.

Dispensing doctor lists

68.—(1) A Primary Care Trust shall prepare, maintain and publish a list, to be called the dispensing doctor list, of the names of those doctors authorised or required by the Primary Care Trust under regulation 60 to provide pharmaceutical services to their patients and who are actually doing so.

(2) The dispensing doctor list shall indicate the name and address of the relevant GMS contractor, PMS contractor or APMS contractor from whose premises any doctor whose name is included in that list performs primary medical services.

(3) Where the doctor whose name is included in the dispensing doctor list provides primary medical services within a PCTMS practice, the list shall give the name and address of the Primary Care Trust.

(4) The dispensing doctor list shall, in addition to the information required under paragraphs (2) and (3)—

(a) include the premises in relation to which the doctor has premises approval;

(b) state in relation to each premises included—

(i) if premises approval is deemed, temporary or residual, that this is the case,

(ii) the date on which premises approval took effect or where it has not taken effect the date that it was finally granted,

(c) state the area in relation to which there is outline consent and premises approval; and

(d) include and identify separately, any premises in relation to which the doctor has outstanding applications for premises approval.

Removal of entries from dispensing doctor lists

69.  A Primary Care Trust shall remove the name of a doctor from its dispensing doctor list where the Primary Care Trust determines that—

(a) the doctor has died;

(b) the doctor is no longer performing primary medical services within the area of the Primary Care Trust;

(c) more than 12 months have elapsed since the doctor last provided drugs or appliances under an arrangement made pursuant to regulation 60 with the Primary Care Trust; or

(d) the doctor has been removed from the medical performers list.