PART 9Conditional inclusion in pharmaceutical lists: certain specific conditions that do not relate to fitness or performance

Conditions relating to voluntary closure of premises67

1

Except in the circumstances described in paragraph (3) F2or (5), where an NHS chemist (C) wishes, other than as a consequence of a change of ownership application F3or a consolidation application—

a

to withdraw from a pharmaceutical list, or

b

for particular listed chemist premises no longer to be listed in relation to C,

C must comply with paragraph (2).

2

C must notify the NHSCB of C's wish—

a

unless sub-paragraph (b) applies, at least 3 months in advance of the date on which pharmaceutical services are no longer to be provided;

b

at least—

i

6 months in advance of that date, if in respect of C the 100 hours condition is imposed as regards those premises, or

ii

30 days in advance of that date, if—

aa

a condition is imposed under regulation 35,

bb

C appeals that condition to the First-tier Tribunal,

cc

on appeal, the First-tier Tribunal confirms the imposition of that condition or imposes another condition, and

dd

within 30 days of being informed of the decision of the First-tier Tribunal, C notifies the NHSCB that C wishes to withdraw from the pharmaceutical list within a shorter period of not less than 30 days,

unless either it is impracticable for C to do so, in which case C must notify the NHSCB as soon as it is practicable for C to do so, or the NHSCB agrees to a shorter notification period.

3

If C has consented to—

a

particular listed chemist premises no longer being listed in relation to C by the NHSCB; or

b

being removed from the pharmaceutical list for the area of a HWB,

in the context of a relocation application, F4which is not part of a consolidation application, paragraph (4) applies.

4

In the circumstances described in paragraph (3), C must, where the relocation application is granted, when C gives notice to the NHSCB of C's intention to commence the provision of pharmaceutical services at the new premises (in accordance with paragraph 34 of Schedule 2), give notice to the NHSCB of when, before C commences the provision of pharmaceutical services at the new premises, C is to cease to provide pharmaceutical services at the existing premises.

F15

If C has consented to—

a

particular listed chemist premises no longer being listed by the NHSCB; or

b

being removed from a pharmaceutical list for the area of a HWB,

in the context of a consolidation application, paragraph (6) applies.

6

In the circumstances described in paragraph (5), in the context of an application—

a

to which regulation 26A(3) applies, if it is granted—

i

C who is the person listed in relation to S2 for the purposes of regulation 26A(3)(b) must give notice of C’s intention to cease the provision of pharmaceutical services at the same time as C who is P1 for the purposes of regulation 26A(3) issues a notice in accordance with paragraph 34A of Schedule 2; but

ii

C who is P1 for the purposes of regulation 26A(3) need not issue a notice under this regulation;

b

to which regulation 26A(4) applies, if it is granted—

i

C who is the person listed in relation to S1 for the purposes of regulation 26A(4) must give notice of C’s intention to cease the provision of pharmaceutical services at the same time as C who is P2 for the purposes of regulation 26A(4) issues a notice in accordance with paragraph 34A of Schedule 2; but

ii

C who is P2 for the purposes of regulation 26A(4) need not issue a notice under this regulation.