The National Health Service (Pharmaceutical Services) Regulations 2005

Relevant procedures for applications

22.—(1) An application which—

(a)does not concern a controlled locality, or does concern a controlled locality but falls within paragraph (2); and

(b)does not fall within regulations 6 to 10 or 54 (the procedures for which are referred to in regulation 6(2), 7(2), 8(3), 9(2), 10 and 54),

shall be dealt with in accordance with the procedures set out in paragraph (4) and regulations 12(2) to (4), 23 to 30.

(2) An application falls within this paragraph—

(a)where the application is made under regulation 5(1)(b)(iii) except where the additional services which the person wishes to be able to provide include the provision of drugs; or

(b)where—

(i)the applicant is seeking only to change within a controlled locality the premises at which he provides pharmaceutical services; and

(ii)the granting of the application would not, in the opinion of the Primary Care Trust, result in a significant change in the arrangements for the provision of pharmaceutical services (including by a person on the dispensing doctor list) or of local pharmaceutical services in any part of the locality.

(3) An application which—

(a)concerns a controlled locality; and

(b)does not fall within regulations 6 to 10 or 54 (the procedures for which are referred to in regulation 6(2), 7(2), 8(3), 9(2), 10 and 54), shall, unless it falls within paragraph (2), be dealt with in accordance with the procedures set out in—

(i)paragraph (4) and regulations 12(2) to (4), 25, 26, 28 and 30, and

(ii)regulations 31 to 38.

(4) Subject to regulations 25 and 26, where the premises specified in an application under regulation 5(1) are within 1.6 kilometres of the locality of another Primary Care Trust, the Primary Care Trust shall make enquiries as to controlled localities in that locality in order to determine—

(a)whether the application is of the description specified in regulation 20(1); and

(b)which controlled localities are to be considered for the purposes of paragraph (2)(b)(ii) or regulation 20(1)(b),

and where it is satisfied that there is a relevant controlled locality in that locality, it shall consult that other Primary Care Trust before forming a view for the purposes of paragraph (2)(b)(ii) or regulation 20(1)(b).