108.—(1) Before the NHSCB becomes a party to an LPS scheme with any person, it must determine whether that person is to be given a right of return to a pharmaceutical list if that person makes an application under regulation 28 and satisfies the conditions for a grant of an application under that regulation.
(2) If an LPS scheme is varied so as to—
(a)relocate the provision of local pharmaceutical services under the scheme to different scheme premises; or
(b)change a party (other than the NHSCB) to the scheme,
the NHSCB must review any right of return granted under this regulation or regulation 15 of the 2006 Regulations (right of return to pharmaceutical lists) arising under that scheme in order to determine whether or not the right of return is to be varied or rescinded.
(3) If an LPS scheme is varied as mentioned in paragraph (2)(b), the right of return of the person who is no longer a party to the LPS scheme is extinguished (whether or not the right of return is maintained in respect of the new provider under the LPS scheme).
(4) The NHSCB may review any right of return granted under this regulation or regulation 15 of the 2006 Regulations (right of return to pharmaceutical lists) in order to determine whether or not the right of return is to be varied or rescinded—
(a)at any time an LPS scheme is varied other than in order to give effect to an amendment to these Regulations (in addition to those occasions on which it is required to review a right of return under paragraph (2)); or
(b)if asked to do so by an LPS contractor.
(5) The NHSCB must publish the principles by reference to which it makes determinations under this regulation and may amend those principles from time to time.
(6) Where the NHSCB makes, varies or rescinds a determination under this regulation, it must give notice of that decision to—
(a)the HWB (HWB1) for the area in which are situated the scheme premises for the relevant LPS scheme;
(b)any Local Pharmaceutical Committee for the area in which are situated the scheme premises for the relevant LPS scheme;
(c)any Local Medical Committee for the area in which are situated the scheme premises for the relevant LPS scheme;
(d)any NHS chemist whose listed chemist premises—
(i)are in the area of HWB1, or
(ii)are in the area of a neighbouring HWB and whose interests are likely, in the opinion of the NHSCB, to be affected by the decision;
(e)any person who is entitled because of the grant of a routine or excepted application to be included in a pharmaceutical list—
(i)for the area of HWB1, or
(ii)for the area of a neighbouring HWB, if their interests are likely, in the opinion of the NHSCB, to be affected by the decision,
but who is not (yet) included;
(f)any LPS chemist whose scheme premises—
(i)are in the area of HWB1, or
(ii)are in the area of a neighbouring HWB and whose interests are likely, in the opinion of the NHSCB, to be affected by the decision;
(g)any dispensing doctor whose listed dispensing premises—
(i)are in the area of HWB1, or
(ii)are in the area of a neighbouring HWB and whose interests are likely, in the opinion of the NHSCB, to be affected by the decision; and
(h)any Local Healthwatch organisation for the area of HWB1.