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The National Health Service (Pharmaceutical Services) Regulations 2005

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Pharmaceutical services in reserved locations

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35.—(1) Subject to regulation 34, the Primary Care Trust shall, when the period for representations has expired under regulation 33 determine whether the premises, or relevant location, from which the applicant wishes to provide pharmaceutical services, at the date of the receipt of the application by the Primary Care Trust, are in a reserved location.

(2) In this regulation—

(a)subject to paragraph (3), a “reserved location” means that the number of individuals on all of the patient lists for the area which is within 1.6 kilometres of the premises, or from the relevant location, as the case may be, is less than 2750; and

(b)the “relevant location” means, where the location of the premises from which the pharmaceutical services are to be provided is specified in writing by the applicant before the Primary Care Trust make its determination, that location, and where that location is not so specified, the best estimate the Primary Care Trust is able to make of where those premises may be.

(3) Premises, or a relevant location, are not in a reserved location where the Primary Care Trust considers that there are circumstances, including but not limited to the age or degree of infirmity of the individuals referred to in paragraph (2), why the extent of use of pharmaceutical services if a pharmacy were to operate from the premises or from the relevant location would be similar to or greater than might be expected if the number of individuals mentioned in paragraph (1)(a) were 2750 or more.

(4) Before reaching its opinion under paragraph (3) the Primary Care Trust shall invite and consider representations as to whether paragraph (3) may apply from those persons mentioned in regulation 33(2).

(5) Subject to regulation 34(1)(c), where it has been determined by the Primary Care Trust or on appeal by the Secretary of State, in relation to premises, or a relevant location, from which pharmaceutical services are to be, or are being, provided, that those premises are in a reserved location, the chemist in relation to those premises, or that relevant location, may make an application in writing for the Primary Care Trust to make a further determination as to whether, on the date the request is made, that is, the date stated on it, those premises are, or that the relevant location is, in a reserved location.

(6) Where, in making a further determination applied for in accordance with paragraph (5) the Primary Care Trust would determine that those premises are, or that relevant location is, not in a reserved location, or there is an appeal against a determination by the Primary Care Trust and it is determined on the appeal that premises are not, or that relevant location is not, in a reserved location—

(a)the Primary Care Trust shall determine that the premises are, or the relevant location is, to be treated for the purposes of these Regulations as if they were in a reserved location, where it is of the opinion that not to do so would prejudice the proper provision of primary medical services (other than those provided by the Primary Care Trust itself), dispensing services or pharmaceutical services in any locality; or

(b)if the Primary Care Trust considers that the provision of primary medical services by a provider of primary medical services (other than one employed by the Primary Care Trust), or pharmaceutical services by any chemist, is likely to be adversely affected by a determination that the premises are not in a reserved location, it shall make such a determination but may impose conditions to postpone, for such period as it thinks fit, the making or termination of arrangements under regulation 60 (or equivalent provision under the GMS Regulations or PMS Regulations) for the provision by a doctor or a GMS contractor or PMS contractor of pharmaceutical services or dispensing services to patients.

(7) A determination required by—

(a)paragraph (1) shall be made in accordance with this regulation, and with regulations 34, 36 and 37; and

(b)paragraph (5) shall be made in accordance with this regulation and regulations 33, 34, 36 and 37.

(8) Where—

(a)there is an appeal against a determination made by the Primary Care Trust that premises are, or a relevant location is, in a reserved location; and

(b)it is determined by the appeal that the premises are not, or relevant location is not, in a reserved location,

the Primary Care Trust shall redetermine the application.

(9) The Primary Care Trust shall delineate precisely the boundaries of any reserved location it has determined under paragraph (1) or (5) on a map, and shall publish the map.

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