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The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulation 2009

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Substitution of regulation 11 of the principal Regulations

10.  For regulation 11 of the principal Regulations (applications for inclusion in pharmaceutical lists in respect of controlled localities), substitute the following regulation—

Applications for inclusion in a pharmaceutical list in respect of controlled localities

11.(1) Subject to paragraph 4, where the premises specified in an application under regulation 4 or 14 are in a controlled locality but are not in a reserved location, that application must be determined in accordance with regulation 12 unless—

(a)the applicant is seeking only to change within that controlled locality the premises at which he or she provides pharmaceutical services; and

(b)the granting of the application would not, in the view of the Local Health Board, result in a significant change in the arrangements for the provision of pharmaceutical services or dispensing services in any part of a controlled locality.

(2) Subject to paragraph (4), where—

(a)the premises specified in an application under regulation 4 or 14 (not being in a controlled locality) are within 1.6 kilometres of any part of a controlled locality in which reside patients for whom a doctor provides pharmaceutical services or for whom a GMS contractor provides dispensing services; and

(b)the granting of the application would, in the view of the Local Health Board, result in a significant change in the arrangements for the provision of pharmaceutical services or dispensing services in any part of a controlled locality,

the Local Health Board must, where it grants the application consider the conditions (if any) which are to be imposed in relation to that grant under regulation 12(17) and, pending the final determination of such conditions, may not in consequence of the grant give notice to any doctor to discontinue the provision of pharmaceutical services or dispensing services to any patient.

(3) Where the premises specified in an application under regulation 4 or 14 are within 1.6 kilometres of the locality of another Local Health Board, the Local Health Board to which the application has been submitted must make enquiries as to controlled localities in the area of that other Local Health Board in order to determine—

(a)whether the application is of the description specified in paragraph (2); and

(b)which controlled localities are to be considered for the purposes of paragraph (1)(b) or (2)(b),

and where it is satisfied that there is a relevant controlled locality in that area, it must consult with that other Local Health Board before forming a view for the purposes of paragraph (1)(b) or (2)(b).

(4) An application will not be determined under regulation 12 where—

(athe application is made under regulation 4(2)(b)(iii), except where the additional services which the applicant wishes to be able to provide include the provision of drugs;

(b)regulation 15 applies; or

(c)the applicant intends to provide pharmaceutical services in the place of, and at the same location as, another person who provides pharmaceutical services..

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