The National Health Service (Pharmaceutical Services) Regulations 2005

Determination of applications

24.—(1) Subject to the following paragraphs and regulations 25 and 26, the Primary Care Trust may determine an application in such manner as it thinks fit and may, if it considers that oral representations are unnecessary, determine the application without hearing any oral representations.

(2) Subject to regulations 25 and 26, in considering any application from an applicant who is not already included in that Primary Care Trust’s pharmaceutical list (except an applicant who has applied under regulation 5(1)(c)), a Primary Care Trust shall—

(a)check as far as reasonably practicable the information provided by the applicant, particularly that provided in accordance with paragraphs 1 to 6 of Part 3 of Schedule 4;

(b)check with the National Health Service Counter Fraud and Security Management Service whether the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant) has any record of fraud;

(c)check with the Secretary of State as to any information held by him as to any record about past or current investigations or proceedings involving or related to the applicant (and where the applicant is a body corporate, any director or superintendent of the applicant);

(d)take up and check the references provided under paragraph 7 of Part 3 of Schedule 4; and

(e)consider whether there are grounds—

(i)for refusing the application under regulation 19, or

(ii)for imposing conditions in accordance with regulation 21.

(3) In any case where the Primary Care Trust decides to hear oral representations, it shall give the applicant and any person from whom it has received representations under regulation 23(2) or 23(3) not less than 14 days notice of the time and place at which the oral representations are to be heard.

(4) The applicant and any person mentioned in paragraph (3) may be assisted at any such hearing in the presentation of his representations by some other person, but no person shall be entitled to be heard in the capacity of counsel or solicitor.

(5) The procedure by which representations are heard shall be such as the Primary Care Trust may determine.

(6) No person—

(a)who provides or assists in providing pharmaceutical services under Part 2 of the Act;

(b)who is an LPS chemist;

(c)who holds a GMS contract, or is a legal and beneficial shareholder in, or director or company secretary of, a company which holds a GMS contract, or is employed or engaged by a GMS contractor;

(d)who is a PMS contractor, or is a legal and beneficial shareholder in, or director or company secretary of, a company which is a party to a PMS agreement, or is employed or engaged by a PMS contractor;

(e)who is an APMS contractor, or is an officer, trustee or other person concerned with the management of a company, society, voluntary organisation or any other body which is an APMS contractor, or is employed or engaged by an APMS contractor;

(f)who is employed or engaged by a Primary Care Trust for the purposes of providing primary medical services within a PCTMS practice; or

(g)who is a party (other than a Primary Care Trust) to a pharmacy pilot scheme, or an officer or employee of such a person, or who provides or assists in providing local pharmaceutical services under a pharmacy pilot scheme,

shall take part in any decision under this regulation.

(7) Subject to regulations 25 and 26, the Primary Care Trust may, where it thinks fit, consider two or more applications together in relation to each other, and, where it proposes to do so, it shall give notice in writing to the applicants and any persons to whom copies of the application were sent under regulation 23(2).