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The National Health Service (Pharmaceutical Services) Regulations 2005

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Variation of directed services in respect of exempted premises

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14.—(1) A person in respect of whom a condition is imposed by virtue of regulation 13(3)(b) may apply to a Primary Care Trust for it to vary the directed services that it has specified as regards him for the purposes of that condition, but he may only do so after at least three years have elapsed—

(a)since the condition was imposed in respect of him; or

(b)during which the Primary Care Trust has not required him to provide the directed services.

(2) An application under paragraph (1) shall include the applicant’s reasons for asking the Primary Care Trust to vary the condition concerned.

(3) The Primary Care Trust shall determine an application under paragraph (1) within 60 days of receiving it.

(4) In determining an application under paragraph (1), the Primary Care Trust shall—

(a)specify, as regards the applicant, different or no directed services for the purposes of the condition imposed by virtue of regulation 13(3)(b) in respect of the premises to which the application relates, if this has the effect of either granting the application under paragraph (1) or granting it only in part; or

(b)confirm that, as regards the applicant, the directed services that it has previously specified for the purposes of the condition imposed by virtue of regulation 13(3)(b) in respect of the premises to which the application relates are to remain unchanged.

(5) Where the Primary Care Trust is considering taking action under paragraph (4)(a), it shall consult the Local Pharmaceutical Committee before determining the application.

(6) A Primary Care Trust shall notify the applicant in writing of any action taken under paragraph (4), and where this has the effect of refusing an application under paragraph (1) or granting it in part, it shall send the applicant a statement in writing setting out—

(a)the reasons for the refusal or, as the case may be, for granting the application only in part; and

(b)the applicant’s right of appeal under paragraph (7).

(7) The applicant may, within 30 days of receiving a notification pursuant to paragraph (6), appeal in writing to the Secretary of State against any action under paragraph (4) which has the effect of refusing an application under paragraph (1) or granting it only in part.

(8) A notice of appeal under paragraph (7) shall contain a concise statement of the grounds of appeal.

(9) The Secretary of State may, when determining an appeal, either confirm the action taken by the Primary Care Trust or take any action that the Primary Care Trust could have taken under paragraph (4).

(10) The Secretary of State shall notify the applicant in writing of his determination and shall in every case include with the notification a written statement of the reasons for the determination.

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