The Medicines (Pharmacies) (Applications for Registration and Fees – Amendment) Regulations 2009

New regulation 3A of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973

2.  After regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973(1), insert the following regulation—

“Registration of additional premises during an influenza pandemic

3A.— (1) In the circumstances set out in paragraph (2), the registrar may—

(a) accept an application under section 75 of the Act in respect of premises which is not accompanied by all of the particulars specified in the Schedule (but may insist on some of those particulars being provided);

(b) determine that the fee otherwise payable in respect of registration of premises under regulation 3(1) is to be waived in whole or in part.

(2) Those circumstances are—

(a) in the case of—

(i) an application, it is made during an outbreak of pandemic influenza (influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza), or

(ii) a fee, it is in respect of such an application;

(b) for the purposes of mitigating the effects of that outbreak, a person carrying on a retail pharmacy business at premises entered in the register has agreed to enter into arrangements with—

(i) in England, a Primary Care Trust (established under, or continuing in existence by virtue of, section 18 of the National Health Service Act 2006(2)),

(ii) in Scotland, a Health Board (constituted under section 2 of the National Health Service (Scotland) Act 1978(3)),

(iii) in Wales, a Local Health Board (established under section 11 of the National Health Service (Wales) Act 2006(4)), or

(iv) in Northern Ireland, the Regional Health and Social Care Board (established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(5)),

in order to provide, for a limited period, pharmaceutical services or local pharmaceutical services at other premises which are not registered; and

(c) the application or the fee in respect of the application relate to those other premises.”.

(1)

S.I. 1973/1822; there are no relevant amending instruments.

(2)

2006 c. 41.

(3)

1978 c.29. Section 2 has been amended by: the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 7, paragraph 1; the National Health Service and Community Care Act 1990 (c.19), section 28, Schedule 9, paragraph 19(1), and Schedule 10, paragraph 1; the National Health Service Reform (Scotland) Act 2004 (asp 7), Schedule 1, paragraph 1(2); the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), Schedule 2, paragraph 2(2); and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 2(1).

(4)

2006 c.42.

(5)

2009 c.1 (N.I.).