The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004

Amendment of regulation 12

9.—(1) For regulation 12(1)(c) (determination of applications in respect of controlled localities) substitute—

“(c) any person who is a provider of primary medical services within the area of the Primary Care Trust or whose name is included in the pharmaceutical list or dispensing doctor list of the Primary Care Trust, or who provides local pharmaceutical services under a pharmacy pilot scheme entered into by that Primary Care Trust, who, in its opinion, might be affected by the grant of the application;”.

(2) For regulation 12(1)(d)(i) substitute—

“(i) in whose area a person provides primary medical services, who in the opinion of the Primary Care Trust might be so affected, or

(ia) in whose pharmaceutical list or dispensing doctor list is included the name of a person who, in the opinion of the Primary Care Trust, might be so affected, or”.

(3) In regulation 12(1)(e) for the words “Community Health Council” substitute the words “Patients' Forum”.

(4) For regulation 12(2)(c) substitute—

“(c) any person who is a provider of primary medical services or whose name is included in the pharmaceutical list, or who provides local pharmaceutical services under a pharmacy pilot scheme entered into by that Primary Care Trust, who might, in its opinion, be affected by the grant of the application.”.

(5) Regulation 12(2A) is omitted.

(6) For regulation 12(10) substitute—

“(10) No person—

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

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

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

(d) who provides primary medical services pursuant to arrangements made under section 16CC(2)(b) of the Act, or is a legal and beneficial shareholder, director or company secretary of a company which provides primary medical services pursuant to such arrangements, or is employed or engaged by such a provider; or

(e) who is a party (other than a Primary Care Trust) to a pharmacy pilot scheme, or a director, 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) In regulation 12(13)(a), for the words “general medical services, personal medical services” substitute “primary medical services under Part I of the Act”.

(8) In regulation 12(13)(b)(ii), for the words “one mile”, substitute “1.6 kilometres”.

(9) In regulation 12(13)(c), for the words “general medical services, personal medical services” substitute “primary medical services”

(10) In regulation 12(14), for the words “general medical services or personal medical services by any doctor” substitute “primary medical services by any provider of such services”.

(11) For regulation 12(15) substitute—

“(15) Where the Primary Care Trust considers that the provision of primary medical services by any provider of such services or pharmaceutical services by any chemist or local pharmaceutical services by any LPS chemist is likely to be adversely affected in consequence of a grant under paragraph (14), it may impose conditions to postpone, for such period as it thinks fit, the making or termination of arrangements under regulation 20 for the provision by a doctor of pharmaceutical services to patients on the relevant patient list.”.

(12) In regulation 12(17)(b)(ii), for the words “one mile” substitute “1.6 kilometres”.