PART 8Dispensing doctors

Lapse of outline consent and premises approval60.

(1)

Outline consent lapses (in addition to as mentioned in regulation 53(11) and (13)(b)) if—

(a)

no arrangement has been made under regulation 48 with a patient pursuant to that outline consent within 6 months of the date on which it takes effect;

(b)

6 months have elapsed since any drug or appliance was dispensed under the arrangements made pursuant to that outline consent; or

(c)

following a practice amalgamation, the amalgamated practice has no medical practice premises with premises approval and there are no outstanding applications to which regulation 59(3)(b) applies in respect of premises approval from the amalgamated practice.

(2)

If an area, or part of an area, for which a dispensing doctor (D) has outline consent becomes a location in relation to which it is no longer possible for D to provide pharmaceutical services to patients on a patient list, D ceases to have outline consent in relation to that location.

(3)

Premises approval lapses (in addition to as mentioned in regulation 56(3) and 59(4)(b)) if—

(a)

the premises are no longer medical practice premises of a dispensing doctor with outline consent;

(b)

6 months have elapsed, or such longer period as F1NHS England may for good cause allow, since any drug or appliance was dispensed under the arrangements made pursuant to regulation 48 at those premises;

(c)

the provider of primary medical services whose premises, or (if different) the dispensing doctor in relation to whom they are listed, notifies F1NHS England on whose dispensing doctors list the premises are listed that all the medical practitioners with authority to dispense from those premises have ceased to do so;

(d)

the dispensing doctor in relation to whom the premises are listed in the dispensing doctors list is no longer listed in that list; or

(e)

the related outline consent lapses.

(4)

A right which continues in effect by virtue of regulation 48(3)(b)(i) is to be treated as outline consent for the purposes of paragraphs (1) and (3).

(5)

For the purposes of—

(a)

paragraph (1)(a), no account is to be taken of a period when D is unable to make arrangements to provide pharmaceutical services; or

(b)

paragraph (1)(b) or (3)(b), no account is to be taken of a period when D is unable to provide pharmaceutical services,

because of a condition imposed by virtue of one of the provisions mentioned in paragraph (6).

(6)

Those provisions are—

(a)

regulation 57;

(b)

regulation 57 of the 2012 Regulations (gradual introduction of premises approval); and

(c)

regulation 20(2) of the 2005 Regulations M1 (imposition of conditions) or by virtue of regulation 57.