Deferral of consideration of certain applications
25.—(1) Subject to paragraph (2), this regulation applies to—
(a)an application under regulation 5(1);
(b)such an application where the applicant has previously been granted preliminary consent, but where regulation 41(2) applies;
(c)an application for preliminary consent under regulation 40; or
(d)a notification under regulation 39(8),
relating to the provision of pharmaceutical services from premises or, in the case of a notification under sub-paragraph (d) above, the changed premises which are specified or described in a designation, or located within a neighbourhood specified in a designation.
(2) This regulation does not apply to—
(a)an application under regulation 5(1) and to which regulation 8, 9 or 10 applies;
(b)an application under regulation 5(1) where the applicant has previously been granted preliminary consent, and where all the conditions specified in regulation 41(1) are satisfied;
(c)an application under regulation 40 and to which, by virtue of regulation 40(3), regulation 8 or 9 applies;
(d)an application or notification in respect of which a determination by the Primary Care Trust has been made, where that determination is the subject of an appeal under regulation 29 or 38; or
(e)an application or notification which was received by the Primary Care Trust more than 30 days before the date of the designation mentioned in paragraph (1).
(3) A Primary Care Trust may defer consideration or determination of an application or notification to which this regulation applies; but, subject to any power to defer contained in regulation 26, may no longer do so when the designation mentioned in paragraph (1) is cancelled, or varied in such a way that it no longer specifies or includes the premises in question.
(4) A Primary Care Trust must, as soon as is practicable, notify the applicant of a decision to defer consideration or determination of his application or notification, and send him a copy of the designation mentioned in paragraph (1).
(5) In this regulation, “designation” means a designation made by a Primary Care Trust under regulation 3(1) of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002(1).