The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020

PART 1 E+W Preliminary matters

General principles E+W

1.—(1) Except in so far as these Regulations provide to the contrary, a Local Health Board may determine an application submitted to it in such manner as it thinks fit.

(2) A Local Health Board must follow the procedure in regulation 15(4) in respect of an application submitted to it which does not contain all of the information that an applicant is required to provide in accordance with Schedule 2.

(3) A Local Health Board may if it thinks fit consider two or more applications together and in relation to each other but where it intends to do so it must give notice of that intention in writing to—

(a) the respective applicants, and

(b) where the application is one in respect of which notice must be given under paragraph 8, any other person that must be given notice of that application.

(4) Where in accordance with sub-paragraph (3) a Local Health Board considers two or more applications to which regulation 16(2) applies together and in relation to each other, it may refuse an application (notwithstanding the fact that it would if determining the application in isolation grant it) where the number of applications is such, or the circumstances in which they are made are such, that to grant all of them or more than one of them, would prejudice the proper provision of primary medical services, pharmaceutical services or dispensing services in the controlled locality within which the premises specified in the application are situated.

Commencement Information

I1 Sch. 3 para. 1 in force at 1.10.2020, see reg. 1(2)(b)

Timetable for determining applications E+W

2.  A Local Health Board must endeavour to determine an application as soon as is practicable after its receipt.

Commencement Information

I2 Sch. 3 para. 2 in force at 1.10.2020, see reg. 1(2)(b)

Persons prohibited from taking part in decision-making on applications E+W

3.—(1) No person is to take part in determining an application if they—

(a) are a person who is included in the pharmaceutical list or dispensing doctor list maintained by the Local Health Board, or are an employee of such a person,

(b) are a shareholder, director or company secretary of a company which runs a retail pharmacy business in the area of the Local Health Board,

(c) are a provider of primary medical services in the area of the Local Health Board,

(d) are an APMS contractor in the area of the Local Health Board, or is an officer, trustee or other person concerned with the management of a company, society or voluntary organisation or other body which is an APMS contractor, or is employed or engaged by such an APMS contractor, or

(e) are employed or engaged by the Local Health Board for the purposes of providing primary medical services within an LHBMS practice.

(2) No other person is to take part in determining an application if, because of an interest or an association they have, or because of a pressure to which they may be subject, their involvement would give rise to a reasonable suspicion of bias.

Commencement Information

I3 Sch. 3 para. 3 in force at 1.10.2020, see reg. 1(2)(b)