The National Health Service (Pharmaceutical Services) Regulations 2012

Process for determining controlled localities: local notification and deferment of routine applications

38.—(1) If a Primary Care Trust is considering making a determination that an area is or is not to be, or is or is not to be part of, a controlled locality (whether or not of its own motion), before making the proposed determination, it must give notice of the proposed determination to—

(a) any Local Pharmaceutical Committee for its area (including a Local Pharmaceutical Committee for its area and that of one or more other Primary Care Trusts);

(b) any Local Medical Committee for its area (including a Local Medical Committee for its area and that of one or more other Primary Care Trusts);

(c) any person on a pharmaceutical list or dispensing doctors list who, in the opinion of the Primary Care Trust, may be affected by the determination;

(d) any LPS chemist who, in the opinion of the Primary Care Trust, may be affected by the determination;

(e) any provider of primary medical services who, in the opinion of the Primary Care Trust, may be affected by the determination; and

(f) where it is considering making a determination as a consequence of a routine application, the person making that application.

(2) The Primary Care Trust may also give notice of the proposed determination to such other persons as it considers appropriate to do so.

(3) A notice under paragraph (1) or (2) must inform the person notified—

(a) that they may make representations (or in the case of a Committee being notified that applied for the determination, any further representations) in writing within 30 days beginning on the day on which the notification was sent to them;

(b) of the date by which the Primary Care Trust expects to make its determination, which must be no later than 6 months after the day on which the Primary Care Trust first gives notice to any person in respect of the proposed determination under paragraph (1) or (2).

(4) Once a Primary Care Trust has issued notice under paragraph (1), it must defer consideration of any routine application where the applicant is seeking the listing of pharmacy premises and the outcome of the application could (if the application is deferred) be affected as a result of the proposed determination, until—

(a) it has determined whether the area in question is or is not to be, or is or is not to be part of, a controlled locality; and

(b) the proceedings relating to that determination have reached their final outcome.