SCHEDULE 2U.K.Applications in respect of pharmaceutical lists and the procedures to be followed

PART 5U.K.Notification, taking effect of decisions and rights of appeal to the Secretary of State

Changes to the premises specified in an application after its grant but before the listing of the premisesU.K.

32.—(1) As regards any routine application, sub-paragraph (2) applies where—

(a)the applicant (A) is seeking the listing of premises not already listed in relation to A (whether or not A is already included in the pharmaceutical list); and

(b)prior to the determination of the application, A provided the address of where the proposed listed chemist premises would be.

(2) Where this sub-paragraph applies, A may notify to [F1NHS England] a different address (“new address”) as the address to which the application relates within—

(a)4 months of the date on which A was sent the notice of decision under paragraph 28 (having regard also to paragraph 10(2) of Schedule 3); or

(b)if the grant of the application is appealed to the Secretary of State by a person with third party appeal rights, 4 months of the date on which the appeal is determined by the Secretary of State.

(3) A notification under sub-paragraph (2) is only valid if [F1NHS England] is satisfied that accepting the notification as valid would neither—

(a)result in a significant change to the arrangements that are in place (having regard to the grant of A's application) for the provision of local pharmaceutical services or of pharmaceutical services other than those provided by a person on a dispensing doctor list—

(i)in any part of the area of the relevant HWB, or

(ii)in a controlled locality that is part of the area of a neighbouring HWB of the relevant HWB, where that controlled locality is within 1.6 kilometres of the new address; nor

(b)cause significant detriment to proper planning in respect of the provision of pharmaceutical services in the area of the relevant HWB.

[F2(3A) A notification under sub-paragraph (2) is not valid if the granted application would have been refused pursuant to regulation 31 if the address of those premises had been included in that application instead of the address mentioned in sub-paragraph (1)(b).]

(4) If [F1NHS England] receives a purported notification under sub-paragraph (2), it must, within 14 days of receiving that purported notification—

(a)notify A of whether or not it is satisfied that it is a valid notification, together with the reasons for its decision;

(b)if [F1NHS England] is not satisfied that it is a valid notification, it must include with that notification—

(i)the reasons for its decision, and

(ii)an explanation of how A's rights of appeal under paragraph 36(1)(b) may be exercised.

(c)if it is satisfied that it is a valid notification, notify the new address to the persons notified of the decision to grant the application, and must include with that notification—

(i)the reasons for its decision, and

(ii)if the person has a right of appeal under sub-paragraph (5), an explanation of how that right of appeal may be exercised.

(5) A person (X) who—

(a)is notified under sub-paragraph (4)(c); and

(b)was entitled to be notified of the decision to grant the application—

(i)by virtue of paragraph 28(5), or

(ii)as a person whom [F1NHS England] was required to notify about the application by virtue of X being—

(aa)an LPS chemist,

(bb)included in a pharmaceutical list, or

(cc)entitled to be included in a pharmaceutical list because of the grant of a routine or excepted application but who is not (yet) included,

and a person whose interests might, in the opinion of [F1NHS England], be significantly affected by the decision;

may appeal against a decision by [F1NHS England] to accept the purported notification as a valid notification, provided X notifies the Secretary of State with a valid notice of appeal within 30 days of the date on which X was notified under sub-paragraph (4)(c).

(6) A notice of appeal under sub-paragraph (5) is only valid if it includes a concise and reasoned statement of the grounds of appeal.

Textual Amendments