SCHEDULE 4F3NHS England’sTerms of service of NHS pharmacists

Annotations:
Amendments (Textual)

PART 3Hours of opening

Matters to be considered when issuing directions in respect of pharmacy premises core opening hours24

F11

Subject to paragraph 26(2A), where NHS England issues a direction for setting any days or times for opening hours under this Part, or determines them without issuing a direction, it must in doing so seek to ensure that the days and times at which pharmacy premises are open for the provision of pharmaceutical services in the area in which the premises that are the subject of the direction are located are such as—

a

to maintain as necessary the existing level of service provision for the people in that area or other likely users of the pharmacy premises; or

b

to maintain a sustainable level of adequate service provision for the people in that area or other likely users of the pharmacy premises, in circumstances where maintaining the existing level of service provision is either unnecessary or not a realistically achievable outcome.

2

In considering the matters mentioned in sub-paragraph (1), F3NHS England—

a

must treat any local pharmaceutical services being provided in its area as if they were pharmaceutical services being so provided; and

b

may have regard to any pharmaceutical services that are being provided in its area during supplementary opening hours.

3

F3NHS England may only direct that an NHS pharmacist (P) may provide pharmaceutical services at premises for less than 40 hours in any week if it is satisfied that the provision of pharmaceutical services in its area is likely to be adequate to meet the need for such services at times when P is not providing pharmaceutical services.

4

Except in the case of premises that have (at any time) been subject to a direction under regulation 65 or regulation 65 of the 2012 Regulations (core opening hours conditions), F3NHS England may only direct that P must provide pharmaceutical services at premises for more than 40 hours in any week where it is satisfied that P is to receive reasonable remuneration in respect of the additional opening hours for which P is required to provide pharmaceutical services (and any additional remuneration payable in accordance with a determination made as mentioned in regulation 91(6) in respect of those hours is “reasonable remuneration” for these purposes).

F25

Sub-paragraph (4) does not apply in circumstances where the direction is in respect of any premises in respect of which a 100 hours condition applies or has ever applied, or in respect of which a direction that replaced (at any distance in succession) a 100 hours condition applies.