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The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

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Consent to dispense

48.—(1) A contractor which wishes to be granted the right under paragraph 47 to secure the provision of dispensing services to some or all of its registered patients may apply to the Local Health Board in writing for consent to dispense, specifying —

(a)the area; and

(b)the contract,

in relation to which it wishes the consent to dispense to be granted.

(2) An application under sub-paragraph (1) shall be determined by the Local Health Board in accordance with regulations 12 and 13 of the Pharmaceutical Regulations (as modified in accordance with sub-paragraphs (5) and (6)), as though it were an application under regulation 21 of those Regulations.

(3) Consent to dispense, in relation to the specified contract, shall have effect from its final grant but shall cease to have effect if —

(a)no dispensing services have been provided under that contract within 12 months from the final grant of the consent to dispense; or

(b)more than 12 months has elapsed since the last provision of dispensing services under that contract pursuant to the grant of consent.

(4) In sub-paragraph (3), “final grant” shall be construed in accordance with regulation 12(16) of the Pharmaceutical Regulations.

(5) Regulation 12 of the Pharmaceutical Regulations shall apply as if modified as follows —

(a)all references to provisions being “subject to regulation 6A” were omitted;

(b)for all references to regulation 21, there were substituted references to this paragraph; and

(c)in paragraph (14), the reference to “regulation 4(4)” were omitted; and

(d)in paragraph (15), for “regulation 20” there were substituted a reference to paragraph 47, and for the reference to “provision by a doctor of pharmaceutical services” there were substituted a reference to dispensing services.

(6) Regulation 13 of the Pharmaceutical Regulations shall apply as if modified as follows —

(a)in paragraph (2), for “regulation 20” there were substituted a reference to paragraph 47; and

(b)in paragraph (13)(b), for “regulation 20” there were substituted a reference to paragraph 47, and for the reference to “provision by a doctor of pharmaceutical services” there were substituted a reference to dispensing services.

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