The National Health Service (Pharmaceutical Services) Regulations 2012

Determination that an area is a controlled locality

36.—(1) Any area that was, or was part of, a controlled locality for the purposes of the 2005 Regulations immediately before these Regulations come into force continues to be, or to be part of, a controlled locality for the purposes of these Regulations (unless or until it is determined that the area is no longer, or no longer part of, a controlled locality).

(2) Subject to paragraph (3), a Primary Care Trust may at any time consider and determine whether or not any locality within its area, because it is rural in character, is to be, or to be part of, a controlled locality.

(3) Where the question of whether or not an area is to be, or to be part of, a controlled locality has been determined by a Primary Care Trust or on appeal (whether under these Regulations or the 2005 Regulations), that question must not be considered again in relation to that area—

(a) for 5 years, beginning with the date of the determination of the Primary Care Trust, or if that determination was appealed, the date of the decision on appeal;

(b) unless the Primary Care Trust is satisfied (within that 5 years) that there has been a substantial change in circumstances in relation to that area since the question was last determined.