The National Health Service (Pharmaceutical Services) Regulations 2005

Refusal: premises which are in a controlled locality but not in a reserved location

18.—(1) Paragraph (2) applies where the application is in respect of premises in a controlled locality and—

(a) the Primary Care Trust has determined under regulation 35; or

(b) on appeal it is determined,

that the premises from which the applicant wishes to provide pharmaceutical services are not in a reserved location.

(2) Subject to regulations 25 and 26 the Primary Care Trust—

(a) shall refuse an application to the extent that it is of the opinion that to grant it would prejudice the proper provision of primary medical services, dispensing services, local pharmaceutical services or pharmaceutical services in any locality;

(b) shall refuse an application under regulation 61 in relation to any part of the area specified in the application—

(i) which is not in a controlled locality, or

(ii) which is within 1.6 kilometres of any pharmacy;

(c) shall refuse an application under regulation 61 in relation to any premises from which the doctor wishes to be authorised to dispense and which are within 1.6 kilometres of any pharmacy; and

(d) may refuse an application in a case to which regulation 36(9) applies (notwithstanding that it would, if determining that application in isolation, grant it) where the number of applications is such, or the circumstances in which they are made are such, that to grant all of them or more than one of them would prejudice the proper provision of primary medical services, dispensing services, local pharmaceutical services or pharmaceutical services in any locality,

and any refusal of such an application may relate to all or any part of the area within the controlled locality.