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4.—(1) Subject to the following provisions of this regulation, a Primary Care Trust may designate neighbourhoods, premises or descriptions of premises for the purposes of paragraph 2 of Schedule 8A to the Act.
(2) Where a designation has been made or varied under this regulation, the Primary Care Trust may defer consideration of all other Part 2 applications(1) in respect of the designated neighbourhood, premises or descriptions of premises, until such time as the designation is cancelled.
(3) A designation must designate the neighbourhood in which, or the premises or description of the premises at which, local pharmaceutical services are to be provided under—
(a)a proposal for an LPS scheme; or
(b)LPS schemes that have been approved,
and the proposed scheme or the approved schemes (collectively) are referred to in this regulation as the “relevant scheme”.
(4) A designation must include details of the services to be provided under the relevant scheme, and must—
(a)be made in writing and dated; and
(b)include a map showing the location of the neighbourhood or premises that have been designated.
(5) A Primary Care Trust must give notice of a designation which it has made to—
(a)any Local Pharmaceutical Committee formed for the area of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
(b)any Local Medical Committee formed for the area of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
(c)any person whose name is included in the pharmaceutical list of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
(d)any person who provides services under LPS arrangements or an LPS Scheme in the locality of the Primary Care Trust;
(e)any person whose name is included in the dispensing doctor list of that Primary Care Trust or of a neighbouring Primary Care Trust who, in the opinion of the Primary Care Trust, is likely to be affected by the designation; and
(f)any Patients' Forum serving the locality of the Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation.
(6) A Primary Care Trust may vary a designation under this paragraph if—
(a)where the designation relates to a neighbourhood, the LP services to be provided under the relevant scheme are to be provided from part only of that neighbourhood;
(b)where the designation relates to premises, the LP services to be provided under the relevant scheme are to be provided from part only of those premises; or
(c)where the designation relates to a description of premises, the LP services to be provided under the relevant scheme are to be provided from certain parts only of the premises described.
(7) A designation varied under paragraph (6) must designate the neighbourhood, premises or description of premises which are designated for the purposes of the designation and must satisfy the conditions specified in paragraph (4).
(8) A Primary Care Trust must give notice of the variation to those persons listed in paragraph (5).
(9) A Primary Care Trust must make available for inspection at its offices copies of all the designations which it has made, including any variations of such designations.
See paragraph 2(3) of Schedule 8A to the Act, which defines “Part 2 Applications” for the purposes of that Act.
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