PART 4Excepted applications
Applications for temporary listings arising out of suspensions27
1
Section 129(2A) of the 2006 Act (regulations as to pharmaceutical services) does not apply to an application—
a
for temporary inclusion in a pharmaceutical list by a person not already included; or
b
by a person already included in a pharmaceutical list for temporary inclusion in that list in respect of services, or services and premises, other than those already listed in relation to that person,
from a person (X) who proposes to provide pharmaceutical services which are not being provided because the person listed in relation to them (Y) is suspended from the pharmaceutical list.
2
F1NHS England must refuse an application to which paragraph (1) applies—
a
unless it is satisfied that—
i
Y has nominated X as the person to provide those services for the duration of Y's suspension and consents to X doing so,
ii
X will provide the same pharmaceutical services as those that Y provided or had undertaken to provide before the suspension, and
iii
there is no direct or indirect connection between X and Y (including such a connection through a third party) the nature of which makes it unlikely that X will be able to exercise an appropriate degree of autonomy;
b
if Y is a body corporate and X—
i
is an employee of Y,
ii
is, or was at the time of the suspension or of the originating events, a director or superintendent of Y,
iii
is a body corporate in which Y or an employee of Y is a majority shareholder,
iv
is a body corporate in which a majority shareholder of Y is, or was at the time of the suspension or of the originating events, a director or superintendent of X,
v
is a body corporate which has a director or superintendent who is an employee of Y, or
vi
is a body corporate which has as a director or superintendent someone who is, or was at the time of the suspension or of the originating events, a director or superintendent of Y;
c
if Y is an individual and X—
i
is an employee of Y,
ii
is a body corporate of which Y or an employee of Y is a director or superintendent,
iii
is a body corporate in which Y or an employee of Y is a majority shareholder, or
iv
is a body corporate which has a director or superintendent who is an employee of Y; or
d
if Y is a partnership and X—
i
is or has been a member or employee of Y,
ii
is a body corporate of which a member or employee of Y is or has been a director, superintendent or majority shareholder, or
iii
is a partnership of which X, or a member or employee of X, is or has been a member.
3
If an application to which—
a
paragraph (1)(a) applies is granted, the applicant must only be included in the pharmaceutical list for a fixed period;
b
paragraph (1)(b) applies is granted, the premises or services must only be listed in relation to the applicant for a fixed period.
4
The fixed periods referred to in paragraph (3) must be no longer than—
a
the period of Y's suspension; or
b
until Y notifies F1NHS England, with effect from a specified date (which must be at least 2 working days after the date of the notification), that Y no longer consents to X providing the services that X is providing because of Y's suspension from the pharmaceutical list.