The National Health Service (Pharmaceutical Services) Regulations 2012

Notification procedure for notifiable applications

19.—(1) As soon as is practicable (having regard to its functions under Part 2), the Primary Care Trust (PCT1) must give notice of a notifiable application to—

(a) any Local Pharmaceutical Committee for its area (including one for its area and that of one or more other Primary Care Trusts);

(b) any Local Medical Committee for its area (including one for its area and that of one or more other Primary Care Trusts);

(c) any person—

(i) included in its pharmaceutical list, or

(ii) who is entitled to be included in its pharmaceutical list because of the grant of a routine or excepted application but who is not (yet) included,

whose interests might, in the opinion of PCT1, be significantly affected if the application were granted;

(d) any LPS chemist—

(i) with whom PCT1 has made arrangements for the provision of any local pharmaceutical services, and

(ii) whose interests might, in the opinion of PCT1, be significantly affected if the application were granted;

(e) any relevant local involvement network, and any other patient, consumer or community group in its area which, in the opinion of PCT1, has a significant interest in the outcome of the application;

(f) if the applicant is seeking to locate premises in, or within 1.6 kilometres of, a controlled locality in its area—

(i) any provider of primary medical services, or

(ii) any other person on its dispensing doctors list if it has one (being a performer but not a provider of primary medical services); and

who, in the opinion of PCT1, has a significant interest in the outcome of the application;

(g) any other Primary Care Trust or Local Health Board any part of whose area is within 2 kilometres of the proposed listed chemist premises to which the application relates.

(2) PCT1 may also give notice of the notifiable application to any other person who, in the opinion of PCT1, has a significant interest in the outcome of the application.

(3) A Primary Care Trust notified under sub-paragraph (1)(g) (PCT2) must, within 14 days of receiving the notification—

(a) give notice of the application to—

(i) any Local Pharmaceutical Committee for its area (including one for its area and that of one or more other Primary Care Trusts) not already given notice of the application,

(ii) any Local Medical Committee for its area (including one for its area and that of one or more other Primary Care Trusts) not already given notice of the application,

(iii) any person—

(aa) included in its pharmaceutical list, or

(bb) who is entitled to be included in its pharmaceutical list because of the grant of a routine or excepted application but who is not (yet) included,

whose interests might, in the opinion of PCT2, be significantly affected if the application were granted,

(iv) any LPS chemist—

(aa) with whom PCT2 has made arrangements for the provision of any local pharmaceutical services, and

(bb) whose interests might, in the opinion of PCT2, be significantly affected if the application were granted,

(v) any relevant local involvement network, and any other patient, consumer or community group in its area which, in the opinion of PCT2, has a significant interest in the outcome of the application, and

(vi) if the applicant is seeking to locate premises within 1.6 kilometres of a controlled locality in its area—

(aa) any provider of primary medical services, or

(bb) any other person on its dispensing doctors list if it has one (being a performer but not a provider of primary medical services),

who, in the opinion of PCT2, has a significant interest in the outcome of the application; and

(b) notify PCT1 of the action that it has taken under sub-paragraph (a).

(4) Those notified under sub-paragraphs (1) to (3)(a) may make representations in writing about the application that is the subject of the notification to PCT1, provided they do so—

(a) within 45 days of the date on which notice of the application was given to them; or

(b) in the case of notifications under sub-paragraph (2) or (3), within such longer period as PCT1 may specify.