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The National Health Service (Pharmaceutical Services) Regulations 2005

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Premises approval: practice amalgamations

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66.—(1) For the purposes of these Regulations, “a practice amalgamation” occurs where either—

(a)two or more providers of primary medical services merge; or

(b)a GMS contractor, PMS contractor, an APMS contractor or a doctor who provides primary medical services for a PCTMS practice is employed or engaged by another GMS contractor, PMS contractor or APMS contractor or by a Primary Care Trust to provide services within another PCTMS practice,

as a result of which two or more patient lists are combined.

(2) If, following a practice amalgamation, all the practice premises of the new practice are premises in respect of which premises approval was in effect immediately prior to the practice amalgamation, then outline consent and premises approval shall continue to have effect.

(3) Where there is, or will be, a practice amalgamation and none or not all of the practice premises of the new practice are, or will be, premises in respect of which premises approval was in effect immediately prior to the practice amalgamation, a doctor who has been granted outline consent and premises approval which is in effect either immediately before the practice amalgamation or the date of the application under this paragraph, may make an application for premises approval, and it shall be determined as provided in regulation 65 as if it were an application from a doctor with premises approval to have the right to dispense from—

(a)additional premises where the premises approval is required for additional premises as defined in regulation 65(1); or

(b)new premises where the premises approval is required for new premises as defined in regulation 65(3),

and the Primary Care Trust may grant temporary premises approval under regulation 65(9).

(4) An application mentioned in paragraph (3) may be made before or after the practice amalgamation takes place, and where the practice amalgamation takes effect before the application has been finally determined—

(a)any premises approval in effect at the date of the practice amalgamation shall have effect from the date of the amalgamation as if it were a temporary approval under regulation 65(9) for a period stated by the Primary Care Trust not exceeding one year; and

(b)the new practice shall have temporary premises approval from the date of the practice amalgamation to dispense from any premises mentioned in the application for a period stated by the Primary Care Trust not exceeding one year.

(5) When the practice amalgamation takes effect the doctors shall notify all Primary Care Trusts in whose area the amalgamated practice is situated that the practice amalgamation has taken place.

(6) Subject to paragraph (7), where an application made under paragraph (3) was granted before the practice amalgamation takes place, premises approval shall take effect from the date of the practice amalgamation.

(7) Where an application was made under paragraph (3) before the practice amalgamation takes place and the practice amalgamation has not taken place before the end of a period of one year beginning with the date that premises approval was granted under that paragraph, that grant shall lapse.

(8) Where an application under paragraph (3) for premises approval is refused either for all or any of the premises specified in the application, whether before or after the practice amalgamation takes place, the doctors who had premises approval prior to making the application, and any other doctor in the new practice after that date shall have residual premises approval.

(9) For the purposes of this regulation “residual premises approval” means premises approval to dispense—

(a)from premises in respect of which the doctor or another doctor in his practice had premises approval at the time of the application in relation to the practice amalgamation; and

(b)to—

(i)a patient for whom the doctor making the application is authorised to provide pharmaceutical services on the date the application was refused, but excluding any such patient who ceases to be a patient mentioned in regulation 60(1)(b) or (c); or

(ii)a patient who is not mentioned in paragraph (i) but who is mentioned in regulation 60(1)(a) or (d) and for whom the doctor making the application is authorised to provide pharmaceutical services on the date the application was refused.

(10) For the purposes of paragraph (9), regulation 60(1)(b) or (c) shall be read as if the words “and one of the conditions specified in paragraph (3) is satisfied in his case” were omitted.

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