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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2022

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Amendment of Schedule 2E+W

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6.—(1) Schedule 2 (applications in respect of pharmaceutical lists and the procedures to be followed) is amended as follows.

(2) In Part 1 (information to be included in routine and excepted applications), after paragraph 5 (fitness information that has already been provided under pharmaceutical or local pharmaceutical services) insert—

Updating of information about or relating to a superintendent

5A.(1) Where, in the case of a body corporate making an application for inclusion in a pharmaceutical list, there is a change to the superintendent of the body corporate before the applicant is included in a pharmaceutical list or the application cannot be further proceeded with, the applicant must update the application as soon as is reasonably practicable with—

(a)the details about that superintendent that the applicant would have been required to submit under paragraph 3; and

(b)the details about any other body corporate that the applicant would have been required to submit under paragraph 4 because of that superintendent being that other body corporate’s superintendent,

had the superintendent been in post at the time the application was submitted.

(2) If—

(a)the application has been determined by NHS England but—

(i)there are proceedings relating to the application that have not yet reached their final outcome, or

(ii)in the case of an application that has been granted, there are no such proceedings but the applicant has not yet been included in a pharmaceutical list; and

(b)NHS England is satisfied, on the basis of the information provided or required to be provided under sub-paragraph (1), that there are grounds for refusing the application under regulation 33 or imposing a condition under regulation 35,

NHS England may redetermine the application, but only for the purpose of refusing it under regulation 33 or imposing a condition under regulation 35 (so there may still be a purpose to any proceedings that have not yet reached their final outcome)..

(3) In Part 3 (notification of certain applications), in paragraph 19(1) (notification procedure for notifiable applications), in sub-paragraph (4), after “given to them” insert “, or within 30 days in the case of applications pursuant to regulation 26A”.

Commencement Information

I1Reg. 6 in force at 1.10.2022, see reg. 1(2)

(1)

To which there is an amendment not relevant to these Regulations.

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