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The National Health Service (Pharmaceutical Services) Regulations 2005

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Notification of an application in respect of premises in a controlled locality

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33.—(1) This regulation applies where a Primary Care Trust receives an application which falls to be dealt with as mentioned in regulation 22 (3) or 35(7)(b).

(2) Subject to regulations 25 and 26, the Primary Care Trust shall send a notice of the application and a copy of the application to—

(a)the Local Pharmaceutical Committee;

(b)the Local Medical Committee;

(c)any person who is included in a pharmaceutical list and whose interests might, in the opinion of the Primary Care Trust, be significantly affected if the application were granted;

(d)any LPS chemist whose interests might, in the opinion of the Primary Care Trust, be significantly affected if the application were granted;

(e)any person (except itself) who is a provider of primary medical services within the area of the Primary Care Trust, or whose name is included in the dispensing doctor list of the Primary Care Trust, who might, in the opinion of the Primary Care Trust, be significantly affected if the application were granted;

(f)any Primary Care Trust or Local Health Board any part of whose area is within two kilometres of the premises;

(g)any Patients' Forum serving the locality of the Primary Care Trust;

(h)any other patient, consumer or community groups in the area of the Primary Care Trust that the Primary Care Trust considers has an interest in the provision of pharmaceutical services in the neighbourhood;

(i)any other Primary Care Trust part of whose area is or might form part of a reserved location; and

(j)where the determination is required to be made by regulation 61, any other Primary Care Trust part of whose area is within 1.6 kilometres of the premises from which the doctor wishes to dispense.

(3) Subject to regulations 25, and 26 where a Primary Care Trust or Local Health Board is sent a copy of an application under paragraph (2)(f) it shall, as soon as practicable, send a copy to—

(a)the Local Pharmaceutical Committee for its locality;

(b)the Local Medical Committee for its locality;

(c)any person whose name is included in the pharmaceutical list, and whose interests might, in the opinion of that Primary Care Trust or Local Health Board, be significantly affected if the application were granted;

(d)any LPS chemist whose interests might, in the opinion of that Primary Care Trust, be significantly affected if the application were granted;

(e)any person (except itself) who is a provider of primary medical services or whose name is included in the dispensing doctor list who might, in the opinion of that Primary Care Trust or Local Health Board, be significantly affected if the application were granted; and

(f)any Patients' Forum or Community Health Council serving its area;

(g)and any other patient, consumer or community groups in the area of the Primary Care that the Primary Care Trust considers has an interest in the provision of pharmaceutical services in the neighbourhood.

(4) Any person to whom a Primary Care Trust or Local Health Board has sent a copy of the application may, within 30 days of the date on which that copy was sent to him make representations in writing to the Primary Care Trust to which the application was made.

(5) Any other person who considers that he might be affected by the decision may, within such reasonable period as the Primary Care Trust to whom the application was made may allow, make representations in writing to it.

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