The National Health Service (Pharmaceutical Services) Regulations 2012

Matters for consideration when making assessments

9.—(1) When making an assessment for the purposes of publishing a pharmaceutical needs assessment, each Primary Care Trust must have regard, in so far as it is practicable to do so, to the following matters—

(a) any assessment or further assessment of relevant needs prepared under section 116 of the Local Government and Public Involvement in Health Act 2007(1) (health and social care: joint strategic needs assessments)—

(i) in the preparation of which the Primary Care Trust—

(aa) was a partner PCT, or

(bb) was not a partner PCT but the assessment nevertheless related to its area, and

(ii) which has not been superseded by a further assessment under that section;

(b) the outcome, in relation to the making of the assessment, of its compliance with its duties under Chapter 1 of Part 11 of the Equality Act 2010(2) (public sector equality duty);

(c) the demography of its area;

(d) the benefits from having a reasonable choice with regard to obtaining pharmaceutical services;

(e) any different needs of different localities within its area;

(f) the pharmaceutical services provided under arrangements with any neighbouring Primary Care Trust which affect—

(i) the need for pharmaceutical services in its area, or

(ii) whether further provision of pharmaceutical services in its area would secure improvements to or better access to, pharmaceutical services, or pharmaceutical services of a specified type, in its area; and

(g) any other NHS services provided in or outside its area (which are not covered by sub-paragraph (f)) which affect—

(i) the need for pharmaceutical services in its area, or

(ii) whether further provision of pharmaceutical services in its area would secure improvements to or better access to, pharmaceutical services, or pharmaceutical services of a specified type, in its area.

(2) When making an assessment for the purposes of publishing a pharmaceutical needs assessment, each Primary Care Trust must take account of likely future needs—

(a) to the extent necessary to make a proper assessment of the matters mentioned in paragraphs 2 and 4 of Schedule 1; and

(b) having regard to likely changes to—

(i) the number of people in its area who require pharmaceutical services,

(ii) the demography of its area with regard to the people who share a protected characteristic, and

(iii) the risks to the health or well-being of people in its area, including particular risks to the health or well-being of people in its area who share a protected characteristic.

(1)

2007 c.28.

(2)

2010 c. 15.