5.—(1) Subject to paragraph (4), a person, other than a doctor or dentist—
(a)who wishes to be included in a pharmaceutical list for the provision of pharmaceutical services from premises in a Primary Care Trust’s area;
(b)who is already included in a pharmaceutical list but wishes—
(i)to open, within a Primary Care Trust’s area, additional premises from which to provide the same or different pharmaceutical services,
(ii)to change the premises from which he provides pharmaceutical services to other premises within that area from which he wishes to provide the same or different pharmaceutical services, or
(iii)to provide from his existing premises in that area pharmaceutical services other than those already listed in relation to him; or
(c)who is already included in a pharmaceutical list of a neighbouring Primary Care Trust but wishes to change the premises within the neighbourhood from which he provides pharmaceutical services to other premises in the area of the Primary Care Trust to which he makes an application under this Regulation and—
(i)the change is a minor relocation, and
(ii)the same pharmaceutical services will be provided,
shall apply, in accordance with this regulation, to the Primary Care Trust, providing the information set out in Part 1 of Schedule 4.
(2) A person applying in accordance with paragraph (1)(a) shall provide the information and undertakings specified in Part 3 of Schedule 4.
(3) A person who wishes to be included in a Primary Care Trust’s pharmaceutical list—
(a)pursuant to a determination made by the Secretary of State under regulation 4 of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002(1); or
(b)as a temporary chemist,
shall apply under regulation 10 or 54 (as the case may be), and not under this regulation.
(4) In this Part and in regulation 54 and Schedule 4 and unless the context otherwise requires, “applicant” and “application” shall be construed accordingly.
(5) Where an application has been granted under regulation 6 or 7, no further application may be granted under regulation 6 or 7 in relation to those new premises for a period of 12 months beginning with the date on which the applicant commenced the provision of pharmaceutical services from the new premises unless the Primary Care Trust for good cause allows him to make an application before the end of that period.
S.I. 2002/2016, as amended by S.I. 2002/2469.