PART 1Amendment of the National Health Service (Pharmaceutical Services) Regulations 2005

New paragraph 25A of Schedule 119

After paragraph 25 of Schedule 1, insert the following paragraph—

Temporary opening hours and closures during an emergency requiring the flexible provision of pharmaceutical services25A

1

Notwithstanding the provisions of this Part, during an emergency requiring the flexible provision of pharmaceutical services, a Primary Care Trust may, on application from a pharmacist (“P”), permit P a temporary change to the days on which or times at which P is obliged to provide pharmaceutical services at the premises from which P has undertaken to provide pharmaceutical services, or permit temporary closure of those premises, if—

a

P gives at least 24 hours notice of the change or closure; and

b

the reasons given by P for the request are, in the opinion of the Primary Care Trust, adequate reasons.

2

The Primary Care Trust need not approve the request in advance of the change or closure, and if it does not do so but decides subsequently that P’s reasons are not, in its opinion, adequate reasons, then the days on which or times at which P is obliged to provide pharmaceutical services at the premises are to revert to the overridden days or times, from the day after the date on which that decision is given to P.