The National Health Service (Pharmaceutical Services) Regulations 2012

Conditions relating to voluntary closure of premises

67.—(1) Except in the circumstances described in paragraph (3), where an NHS chemist (C) wishes, other than as a consequence of a change of ownership application—

(a) to withdraw from a pharmaceutical list, or

(b) for particular listed chemist premises no longer to be listed in relation to C,

C must comply with paragraph (2).

(2) C must notify the Primary Care Trust of C’s wish—

(a) unless sub-paragraph (b) applies, at least 3 months in advance of the date on which pharmaceutical services are no longer to be provided;

(b) at least—

(i) 6 months in advance of that date, if in respect of C the 100 hours condition is imposed as regards those premises, or

(ii) 30 days in advance of that date, if—

(aa) a condition is imposed under regulation 35,

(bb) C appeals that condition to the First-tier Tribunal,

(cc) on appeal, the First-tier Tribunal confirms the imposition of that condition or imposes another condition, and

(dd) within 30 days of being informed of the decision of the First-tier Tribunal, C notifies the Primary Care Trust that C wishes to withdraw from its pharmaceutical list within a shorter period of not less than 30 days,

unless it is impracticable for C to do so in which case C must notify the Primary Care Trust as soon as it is practicable for C to do so.

(3) If C has consented to—

(a) particular listed chemist premises no longer being listed in relation to C by a Primary Care Trust (PCT1); or

(b) being removed from the pharmaceutical list of PCT1,

in the context of a relocation application, paragraph (4) applies.

(4) In the circumstances described in paragraph (3), C must, where the relocation application is granted—

(a) if C is relocating to the area of a different Primary Care Trust (PCT2)—

(i) notify PCT1 of the grant as soon as is practicable after C is notified of the grant by PCT2, and

(ii) when C gives notice to PCT2 of C’s intention to commence the provision of pharmaceutical services at the new premises (in accordance with paragraph 34 of Schedule 2), give notice to PCT1 of when, before C commences the provision of pharmaceutical services at the new premises, C is to cease to provide pharmaceutical services at the existing premises; and

(b) if C is relocating within the area of PCT1, when C gives notice to PCT1 of C’s intention to commence the provision of pharmaceutical services at the new premises (in accordance with paragraph 34 of Schedule 2), also give notice to PCT1 of when, before C commences the provision of pharmaceutical services at the new premises, C is to cease to provide pharmaceutical services at the existing premises.