PART 9Conditional inclusion in pharmaceutical lists: certain specific conditions that do not relate to fitness or performance
Core opening hours conditions65
1
If an application to which regulation 13(1)(b) of the 2005 Regulations (exemption from the necessary or expedient test) applied was granted, the inclusion in the pharmaceutical list of the person listed in relation to—
a
the premises that were listed as a consequence of that application; or
b
if there has been a relocation of the retail pharmacy business or appliance contractor business at those premises to other premises, those other premises,
is subject to the condition set out in paragraph (2) (“the 100 hours condition”).
2
The condition is that the premises must be kept open for at least 100 hours per week for the provision of pharmaceutical services.
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23A
NHS England may remove a 100 hours condition in respect of premises of an NHS pharmacist and replace it with a direction under paragraph (4) or (5) or paragraph 25 or 26 of Schedule 4, but that direction, and any subsequent direction which replaces that direction (whether it is in respect of those premises or any premises to which that NHS pharmacist, or any NHS pharmacist that is in succession to that NHS pharmacist, relocates), must specify a total number of core opening hours of not less than 72.
4
Where, in the course of making a routine application or an excepted application to which regulation 24 or 26(2) applies—
a
for inclusion in a pharmaceutical list as mentioned in regulation 10(2)(a), or from a person already included in such a list to relocate to different pharmacy premises or to open, within the area of the relevant HWB, additional pharmacy premises—
i
an NHS pharmacist undertook to provide pharmaceutical services at the proposed pharmacy premises for a specified number of core opening hours each week which is more than 40 F3...,
ii
the NHS pharmacist and F13NHS England agreed F4, or the NHS pharmacist undertook, that pharmaceutical services are to be provided at the proposed pharmacy premises during F5any additional opening hours specified F6, or any core hours specified that replace (at any distance in succession) a 100 hours condition, at set times and on set days, and
iii
the application was granted having regard to F7any such undertaking or agreement,
when it includes the premises in a pharmaceutical list, F13NHS England must direct that the person listed in relation to the premises is to provide pharmaceutical services at those premises for the specified number of core opening hours so undertaken, and F8... at the set times and on the set days so agreed F9or undertaken; or
b
for inclusion in a pharmaceutical list as mentioned in regulation 10(2)(b), or from a person already included in such a list to relocate to different appliance contractor premises or to open, within the area of the relevant HWB, additional appliance contractor premises—
i
an NHS appliance contractor undertook to provide pharmaceutical services at proposed appliance contractor premises for a specified number of core opening hours each week which is more than 30 (other than as a consequence of a 100 hours condition),
ii
the NHS appliance contractor and F13NHS England agreed that pharmaceutical services are to be provided at the appliance contractor premises during the additional opening hours specified (that is, the hours which are the difference between the total number of hours specified and 30) at set times and on set days, and
iii
the application was granted having regard to that undertaking and that agreement,
when it includes the premises in a pharmaceutical list, F13NHS England must direct that the person listed in relation to the premises is to provide pharmaceutical services at those premises for the specified number of core opening hours so undertaken, and during the additional opening hours at the set times and on the set days so agreed.
5
Where F13NHS England has—
a
invited an NHS chemist to increase the total number of core opening hours during which the NHS chemist is to provide pharmaceutical services at listed chemist premises; and
b
thereafter agreed with the NHS chemist—
i
an increased number of core opening hours, and
ii
if the NHS chemist—
aa
is an NHS pharmacist, that pharmaceutical services are to be provided at the pharmacy premises during any additional opening hours F10, or any core hours specified that replace (at any distance in succession) a 100 hours condition, at set times and on set days, and
bb
is an NHS appliance contractor, that pharmaceutical services are to be provided at the appliance contractor premises during any additional opening hours (that is, the hours which are the difference between the total number of hours specified and 30) at set times and on set days,
6
Except as provided for under paragraph (5) and subject to paragraph (7), F13NHS England may only vary a direction given under paragraph (4) or (5), or regulation 65(4) or (5) of the 2012 Regulations (core opening hours conditions), in accordance with paragraph 25 or 26 of Schedule 4 or paragraph 15 or 16 of Schedule 5.
7
A direction given under paragraph (4) or (5), or regulation 65(4) or (5) of the 2012 Regulations, must not be varied within 3 years of the direction being given.