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

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Substitution of regulation 21A of the principal Regulations

15.  For regulation 21A of the principal Regulations (doctors who previously performed personal medical services) substitute the following regulation—

Taking effect of outline consent and premises approval

21A.(1) When granting outline consent, the Local Health Board must determine in accordance with paragraph (2) when the outline consent is to take effect.

(2) The outline consent will take effect—

(a)in relation to premises to which paragraph (3) applies, on the date on which outline consent is finally granted; and

(b)in relation to premises to which paragraph (4) applies, in accordance with paragraphs (11) to (13).

(3) This paragraph applies to premises for which outline consent is sought and—

(a)which were, on the date of receipt of the application by the Local Health Board—

(i)practice premises, or

(ii)in a reserved location; or

(b)in relation to which, on the day before the date on which the application for outline consent is granted, there are no outstanding applications.

(4) This paragraph applies where, on the day before the date on which the application for outline consent is granted, there are outstanding applications.

(5) For the purpose of paragraphs (3) and (4), and regulation 21C and 21D an “outstanding application” means an application under regulation 4 or 14 which—

(a)is in relation to premises which are within 1.6 kilometres of the premises for which premises approval has been sought; and

(b)which—

(i)has been made but not determined (including on appeal), or

(ii)has been granted but the provision of pharmaceutical services from those premises has not been commenced.

(6) Where paragraph (2)(b) applies, notification of the determination of the application for outline consent by the Local Health Board or, on appeal, by the Welsh Ministers, must give details of—

(a)outstanding applications; and

(b)the earliest date on which, subject to paragraph (7), an application can be made under paragraph (11) to the Local Health Board for a determination that the outline consent should come into effect (“provisional date”).

(7) The provisional date is the day after the end of a period of one year beginning with the date of—

(a)the determination of the application for outline consent; or

(b)where that determination is the subject of an appeal, the determination of that appeal.

(8) The Local Health Board may, at any time before the provisional date, for good cause determine that the provisional date is to be extended for a period not exceeding three months beginning with the date specified in paragraph (7)(a) or (b), and any reference in this regulation or in regulation 21C to the provisional date includes a reference to the provisional date extended under this paragraph.

(9) The Local Health Board must—

(a)ensure that any notifications required to be given by the Local Health Board or the Welsh Ministers in relation to any outstanding applications are also given to the doctor who made the application under regulation 21; and

(b)notify that doctor if any outstanding application is withdrawn; and

(c)where it extends the provisional date under paragraph (8), notify that doctor of the new provisional date.

(10) The outline consent will lapse if, before the provisional date, pharmaceutical services are provided from premises which were the subject of an outstanding application which has been granted.

(11) On, or as soon as reasonably practicable after, the provisional date, the Local Health Board must notify the doctor who made the application under regulation 21 and—

(a)he or she may within three months of the provisional date request the Local Health Board in writing to determine whether the outline consent should come into effect; and

(b)the Local Health Board must determine the request as soon as practicable and in accordance with paragraphs (12) and (13).

(12) Where on the date of the determination under paragraph (11), the premises are practice premises, the Local Health Board must determine that the outline consent and premises approval in respect of those premises will come into effect on that date.

(13) Where on the date of the determination under paragraph (11), the premises are not practice premises—

(a)the application for outline consent will be refused as regards premises approval for those premises; or

(b)where none of the premises for which premises approval has been granted are practice premises, the outline consent will lapse.

(14) The Local Health Board must notify its determination under paragraph (11) to the applicant and those persons to whom notice of the application under regulation 21 was required to be given under regulation 12(2) and (3).

(15) Where the Local Health Board has determined that—

(a)the provisional date is to be extended under paragraph (8);

(b)the application for outline consent is to be refused under paragraph (13)(a); or

(c)outline consent is to lapse under paragraph (13)(b),

the applicant may appeal under regulation 13 to the Welsh Ministers against any such determination by giving notice of appeal in accordance with regulation 13(6).

(16) Premises approval will take effect when the related outline consent takes effect..

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