The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2009

Substitution of regulation 21C of the principal Regulations

17.  For regulation 21C of the principal Regulations substitute the following regulation—

“Premises approval: change of premises before outline consent takes effect

21C.— (1) Where—

(a) outline consent has been granted but has not yet taken effect under regulation 21A; and

(b) before the provisional date the doctor who made the application under regulation 21 intends to change the premises from which he or she wishes to dispense,

he or she may apply to the Local Health Board in writing for the Local Health Board to determine whether premises approval should be given in relation to the new premises, and the Local Health Board must make the determination in accordance with paragraph (2).

(2) If the Local Health Board is satisfied that the change of premises is a minor relocation it may grant the premises approval for those premises, but if it is not so satisfied the application for premises approval to be given in relation to the new premises will be refused.

(3) The Local Health Board must notify those persons to whom notice of the application under regulation 21 was required to be given in accordance with regulation 12(2) and (3) and applicants in relation to the outstanding applications, of its determination under paragraph (2).

(4) The determination by the Local Health Board under paragraph (2) may be appealed to the Welsh Ministers under regulation 13 by the applicant.”.