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.