The National Health Service (Pharmaceutical Services) Regulations 2005

Notification of decision in respect of applications in controlled localities

37.—(1) The Primary Care Trust shall, as soon as practicable after making the determination and in any event within four months beginning with the date of receipt of the application unless the Primary Care Trust has good cause to require a longer period, give notice in writing—

(a) of its decision and the reasons for that decision to—

(i) the applicant,

(ii) the Local Pharmaceutical Committee,

(iii) the Local Medical Committee,

(iv) any person who is included in a pharmaceutical list and whose interests might, in the opinion of the Primary Care Trust, be significantly affected if the application were granted,

(v) any LPS chemist whose interests might, in the opinion of the Primary Care Trust, be significantly affected if the application were granted,

(vi) any person (except itself) who is a provider of primary medical services within the area of the Primary Care Trust or whose name is included in the dispensing doctor list of the Primary Care Trust, who might, in the opinion of the Primary Care Trust, be significantly affected if the application were granted,

(vii) any other Primary Care Trust or Local Health Board to which notice was sent pursuant to regulation 33(2)(f), (i) or (j), and

(viii) any other person who has made representations under the provisions of regulation 33(4) or (5); and

(b) of the rights of appeal arising under regulation 38 to—

(i) the applicant, and

(ii) any person who made representations under the provisions of regulation 33(4), other than a Local Pharmaceutical Committee or a Local Medical Committee.

(2) In the case of an application that involves a change of ownership and falls to be dealt with under regulation 8(1), for the period of four months specified in paragraph (1) there shall be substituted the period of 30 days.

(3) Any Primary Care Trust or Local Health Board which is notified under paragraph (1)(a)(vii) shall, as soon as practicable, give notice in writing of the decision and reasons for it to—

(a) the Local Pharmaceutical Committee for its locality;

(b) the Local Medical Committee for its locality;

(c) any person whose name is included in the pharmaceutical list, and whose interests might, in the opinion of that Primary Care Trust or Local Health Board, be significantly affected if the application were granted;

(d) any LPS chemist whose interests might, in the opinion of that Primary Care Trust, be significantly affected if the application were granted; and

(e) any person (except itself) who is a provider of primary medical services or whose name is included in the dispensing doctor list who might, in the opinion of that Primary Care Trust or Local Health Board, be significantly affected if the application were granted.

(4) In paragraph (1), “making the determination” includes granting an application subject to conditions, where the applicant has agreed to the imposition of the conditions pursuant to regulation 21(6)(a).