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40.—(1) A person to whom regulation 5(1) applies may apply to a Primary Care Trust for consent (in these Regulations referred to as “preliminary consent”).
(2) An application for preliminary consent shall be in writing and shall—
(a)specify the premises or the location of the premises from which the applicant intends to provide pharmaceutical services if his application is granted;
(b)specify the pharmaceutical services which it is proposed to provide; and
(c)provide the information set out in Parts 1 and 3 of Schedule 4.
(3) An application for preliminary consent shall be determined as if it were an application made under regulation 5(1).
(4) A preliminary consent shall have effect for a period of six months from its final grant.
(5) In this regulation and in regulation 41, an application for preliminary consent shall not be treated as finally granted until the end of the period for bringing an appeal relating to that application under any provision of these Regulations or until the determination of any such appeal, whichever is the later, and “final grant” shall be construed accordingly.
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