The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020
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There are currently no known outstanding effects for the The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020, Section 16.
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Determination of applications to be included in or to make amendment to a pharmaceutical listE+W
16.—(1) Where the premises specified in an application are not in a controlled locality, the Local Health Board may grant the application only if it is satisfied that it would meet a need for pharmaceutical services, or pharmaceutical services of a specified type, in the area of the relevant Local Health Board and which have been included in the pharmaceutical needs assessment of that Local Health Board in accordance with Schedule 1.
(2) Where the premises specified in an application are in a controlled locality but not in a reserved location (as defined in regulation 17(4) and (5)), the Local Health Board may—
(a)refuse the application where it is of the opinion that to grant it would prejudice the proper provision of primary medical services, dispensing services or pharmaceutical services in the controlled locality within which the premises specified in the application are situated (the “prejudice test”), and
(b)where the application has not been refused under the prejudice test, grant the application only if it is satisfied that it meets a need identified in the pharmaceutical needs assessment of the relevant Local Health Board.
(3) The prejudice test does not apply to the Local Health Board’s determination of an application where the premises specified in an application are situated in a reserved location.
(4) A Local Health Board must refuse an application in which the applicant does not meet a need that is identified in the pharmaceutical needs assessment of the relevant Local Health Board.
(5) In determining an application under this regulation, which has been made in accordance with regulation 15(1), (except where the application is made by a person who has been granted preliminary consent pursuant to regulation 18 which is valid in accordance with regulation 18(5)), or in accordance with regulation 18 where the applicant is not already included in that Local Health Board’s pharmaceutical list, a Local Health Board may—
(a)defer consideration of the application on fitness grounds in accordance with regulation 36 (deferral of applications on fitness grounds),
(b)refuse the application on fitness grounds in accordance with regulation 37 (refusal of applications on fitness grounds), or
(c)impose conditions on the grant of the application in accordance with regulation 38 (conditional inclusion on fitness grounds).
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