PART 3U.K.General matters relating to pharmaceutical lists and applications in respect of them

Refusal of routine applications that are based on neither a pharmaceutical needs assessment nor unforeseen benefitsU.K.

22.—(1) If [F1NHS England] receives a routine application to which regulation 19(6) does not apply, [F1NHS England] must refuse it unless granting it, or granting it in respect of some only of the services specified in it, would—

(a)meet a current or future need for pharmaceutical services, or pharmaceutical services of a specified type, in the area of the relevant HWB that has been included in the relevant pharmaceutical needs assessment in accordance with paragraph 2 of Schedule 1; or

(b)secure (including in the future) improvements, or better access, to pharmaceutical services, or pharmaceutical services of a specified type, in the area of the relevant HWB that have or has been included in the relevant pharmaceutical needs assessment in accordance with paragraph 4 of Schedule 1.

(2) For the purposes of paragraph (1), the relevant pharmaceutical needs assessment is—

(a)the pharmaceutical needs assessment of the relevant HWB that is current at the time that [F1NHS England] takes its decision to grant or refuse the application, unless in the opinion of [F1NHS England] (or on appeal the Secretary of State) the only way to determine the application justly is with regard to an earlier pharmaceutical needs assessment, in which case the relevant pharmaceutical needs assessment is that earlier assessment; or

(b)if the relevant HWB has not published a pharmaceutical needs assessment, the pharmaceutical needs assessment of a Primary Care Trust (as extended by regulation 7(1)) that relates to the locality in which the location or premises to which the application relates is or are situated.

Textual Amendments