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The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

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Regulation 5(10)

SCHEDULE 3THE BOARD

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Receipt and notification of applications

1.—(1) The Board shall, within five working days of receiving an application to which regulation 5(10) applies, give written notice of the application to–

(a)the Area Pharmaceutical Committee;

(b)the Area Medical Committee;

(c)any person whose name is included in the pharmaceutical list or the provisional pharmaceutical list and whose interests may, in the opinion of the Board, be significantly affected if the application were granted;

(d)any Board whose boundary is within two kilometres of the proposed premises,

and any person or body so notified may, within 30 days from the date on which the notification was sent to such person or body, make written representations about the application to the Board.

(2) Any Board which is notified under sub-paragraph (1)(d) above shall, within 5 working days, give written notice of the application to–

(a)its Area Pharmaceutical Committee;

(b)its Area Medical Committee;

(c)any person whose name is included in its pharmaceutical list or the provisional pharmaceutical list and whose interests may, in the opinion of the said Board be significantly affected if the application were granted,

and any person so notified may, within 30 days from the date on which the notification was sent to the said Board, make written representations to the Board to whom the application was made.

(3) Any notice given under sub-paragraph (1) or (2) above shall include a statement of the right to make representations in accordance with that sub-paragraph.

Public consultation

2.  The Board shall, on receipt of an application to which regulation 5(10) applies, take reasonable steps to consult with persons to whom pharmaceutical services may be provided as a result of that application.

Determination of applications

3.—(1) In considering an application to which regulation 5(10) applies, the Board shall have regard to–

(a)the pharmaceutical services already provided in the neighbourhood of the premises named in the application by persons whose names are included in a pharmaceutical list;

(b)pharmaceutical services to be provided in the neighbourhood at these premises by any person whose name is included in the provisional pharmaceutical list;

(c)any representations received by the Board under paragraph 1;

(d)any information available to the Board which, in its opinion, is relevant to the consideration of the application; and

(e)any responses received following consultation in accordance with paragraph 2.

(2) The Board may, in accordance with this Schedule, determine any 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.

(3) In any case in which the Board decides to hear oral representations, it shall give the applicant and any person from whom it received representations under paragraph 1 reasonable notice of the meeting at which such representations are to be heard.

(4) The applicant and any person mentioned in sub-paragraph (3) shall be permitted to be assisted in making representations at any such meeting by some other person, but that other person shall not appear in the capacity of counsel, solicitor or paid advocate, nor shall that person be entitled to speak on behalf of the applicant or any person mentioned in sub-paragraph (3).

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

(6) The functions of the Board under this paragraph shall be exercised on behalf of the Board by the Pharmacy Practices Committee established within the terms of Part I of Schedule 4.

Notification of decisions

4.  The Board shall, within 5 working days of having been notified in accordance with paragraph 6 of Part I of Schedule 4, intimate to the applicant and the persons mentioned in paragraph 1 the decision on the application, the reasons for it, and of any right of appeal applicable under paragraph 5.

Appeals

5.—(1) Subject to sub-paragraph (2) the applicant or any person mentioned in paragraph 1 may appeal against the decision of the Board on the application, and must give notice of any such appeal to the Board within 21 days from the date on which notification of the Board’s decision was sent to the applicant or person mentioned in paragraph 1.

(2) Any person mentioned in paragraph 1 who was notified of an application under that paragraph but made no written representations to the Board about it shall not be entitled to appeal against a decision of the Board in relation to that application.

(3) Any notice of appeal under this paragraph shall contain a concise statement of the facts and contentions upon which the appellant intends to rely.

(4) The Board shall refer a notice of appeal under this paragraph to the chair of the National Appeal Panel appointed in accordance with Part II of Schedule 4.

(5) If the chair, after considering the notice of appeal, is of the opinion that the notice discloses no reasonable grounds of appeal, or that the appeal is otherwise frivolous or vexatious, the chair may determine the appeal by dismissing it forthwith, in which case the chair shall inform the Board accordingly. The chair’s decision in such cases shall be final.

(6) In any other case the National Appeal Panel shall be convened in accordance with Part II of Schedule 4 and the said Panel shall thereafter determine the appeal.

(7) The Administration of Justice and Tribunal Council or the Scottish Committee thereof shall be given 14 days notice of any Panel hearing, and a member of the Council or its Scottish Committee shall be entitled to be present at any such hearing.

(8) The appellant, applicant and any person mentioned in paragraph 1(1)(c) who made written representation to the Board about the application shall be permitted to be assisted in making representations at any Panel hearing by some other person, but that other person shall not appear in the capacity of counsel, solicitor or paid advocate, nor shall that person be entitled to speak on behalf of the person being assisted.

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