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23.—(1) In the case of a routine or excepted application by a person (A) for inclusion in a pharmaceutical list who is not already included in it, a Primary Care Trust must, prior to determining the application—
(a)check with the NHS BSA whether A, and if A is a body corporate whether any director or superintendent of A, has any record of, or is under investigation for, fraud;
(b)check with the Secretary of State whether the Secretary of State holds any information about A, and if A is a body corporate about any director or superintendent of A, that is relevant to its consideration of whether—
(i)the application should be refused or deferred under regulations 33 or 34, or
(ii)conditions should be imposed under regulation 35;
(c)take up references from, and check the references provided by, the referees whose details A is required to provide pursuant to paragraph 3(8).
(2) In such a case, having considered whether—
(a)the application should be refused or deferred under regulations 33 or 34; or
(b)conditions should be imposed under regulation 35,
if it is minded to impose conditions under regulation 35, it must notify A at least 7 days in advance of determining that it is to impose such conditions and consider any representations (which may be at an oral hearing) that A makes prior to the determination with regard to the notification.
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