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The National Health Service (Pharmaceutical Services and Local Pharmaceutical Services) Amendment Regulations 2009

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Pharmaceutical Services) Regulations 2005 and the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 (“the LPS Regulations”).

Regulation 2 amends regulations 25 and 67 of the National Health Service (Pharmaceutical Services) Regulations 2005. Regulation 25 prohibits Primary Care Trusts from deferring consideration of applications or notifications to join the pharmaceutical list (Part 2 applications) when they designate an area as a local pharmaceutical services area, if the application or notification was received more than 30 days before the date of the designation. Regulation 2(a) amends regulation 25(2)(e) to extend this period to 120 days. Regulation 67(5) sets out the persons and groups who must be notified when pharmaceutical services are to be provided by doctors. Regulation 67(5)(d) is amended to take account of local involvement networks.

Regulation 3 amends regulation 2 of the LPS Regulations (interpretation) to insert definitions for “relevant local authority” and “local involvement network”.

Regulation 4 amends regulation 4 of the LPS Regulations to prohibit Primary Care Trusts from deferring consideration of certain types of applications to join the pharmaceutical list (Part 2 applications) when designating priority neighbourhoods or premises. Regulation 4(3) amends regulation 4(5) which sets out the persons and groups that must be notified by the Primary Care Trust when a designation is made, to bring it into line with the new regulation 14A, and to provide for notification of designations to be made to any relevant local involvement network and any other Primary Care Trust likely to be affected by the designation.

Regulation 5 inserts a new regulation 14A into the LPS Regulations. This regulation imposes a duty on Primary Care Trusts to notify certain persons and groups within 10 days of taking a decision to select a proposal for an LPS scheme for development.

A full Impact Assessment has not been prepared for this instrument as it has no impact on the cost of business, charities or voluntary bodies.

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