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

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Insertion of regulation 11ZA of the principal Regulations

9.  Immediately after regulation 10 of the principal Regulations, insert the following regulation—

Applications for inclusion in pharmaceutical lists in reserved locations

11ZA.(1) Subject to paragraphs (19) and (20) of regulation 12, the Local Health Board must, when the period for making representations has expired in accordance with paragraphs (4) and (5) of that regulation, determine whether the premises, or relevant location, from which the applicant wishes to provide pharmaceutical services in accordance with an application under regulation 4 or 14, are, at the date of the receipt of the application by the Local Health Board, in a reserved location.

(2) In this regulation—

(a)subject to paragraph (3), a “reserved location” means a location in respect of which the number of individuals on all of the patient lists for the area which is within 1.6 kilometres of the premises, or from the relevant location, as the case may be, is less than 2750; and

(b)the “relevant location” means, where the location of the premises from which the pharmaceutical services are to be provided, is specified in writing by the applicant before the Local Health Board makes its determination, that location, and where that location is not so specified, the best estimate the Local Health Board is able to make of where those premises may be.

(3) Premises, or a relevant location, are not in a reserved location where the Local Health Board considers that there are circumstances, including but not limited to the age or degree of infirmity of the individuals referred to in paragraph (2), why the extent of use of pharmaceutical services if a pharmacy were to operate from the premises or from the relevant location would be similar to or greater than might be expected if the number of individuals mentioned in paragraph (2)(a) were 2750 or more.

(4) Before reaching any decision under paragraph (3) the Local Health Board must invite and consider representations as to whether paragraph (3) may apply from those persons mentioned in regulation 12(2).

(5) Subject to regulation 12(19), where it has been determined by the Local Health Board or on appeal the Welsh Ministers, in relation to premises or a relevant location, from which pharmaceutical services are to be, or are being, provided, that those premises are in a reserved location, the chemist in relation to those premises, or that relevant location, may make an application in writing for the Local Health Board to make a further determination as to whether, on the date the request is made, that is, the date stated on it, those premises are, or that relevant location is, in a reserved location.

(6) Where, in making a further determination applied for in accordance with paragraph (5) the Local Health Board determines that those premises are, or that relevant location is, not in a reserved location, or there is an appeal against a determination by the Local Health Board and it is determined on appeal that premises are not, or that relevant location is not, in a reserved location—

(a)the Local Health Board may determine that the premises are, or the relevant location is, to be treated for the purposes of these Regulations as if they were in a reserved location, where it is of the opinion that not to do so would prejudice the proper provision of primary medical services (other than those provided by the Local Health Board itself), dispensing services or pharmaceutical services in any locality; or

(b)if the Local Health Board considers that the provision of primary medical services by a provider of primary medical services (other than one employed by the Local Health Board), or pharmaceutical services by any chemist, is likely to be adversely affected by a determination that the premises are not in a reserved location, it may make such a determination but may impose conditions to postpone, for such period as it thinks fit, the making or termination of arrangements under regulation 20 (or equivalent under the GMS Regulations) for the provision by a doctor or a GMS contractor of pharmaceutical services or dispensing services to patients.

(7) Any determination required by paragraph (1) or paragraph (5) is to be made in accordance with this regulation and with regulation 12, save that where premises or a relevant location have been determined to be in a reserved location paragraph (14) of regulation 12 will not apply.

(8) Where—

(a)there is an appeal against a determination made by the Local Health Board that premises are, or a relevant location is, in a reserved location; and

(b)it is determined by the appeal that the premises are not, or a relevant location is not, in a reserved location,

the Local Health Board must redetermine the application.

(9) The Local Health Board must delineate precisely the boundaries of any reserved location it has determined under paragraph (1) or (5) on a map, and it must publish the map..

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