The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020

Premises approval: change of premises before outline consent takes effect E+W

33.—(1) Where—

(a) outline consent has been granted but has not yet taken effect under regulation 31 (taking effect of outline consent and premises approval), and

(b) before the provisional date defined in regulation 31(11) the doctor intends to change the practice premises from which they wish to provide pharmaceutical services,

the doctor may apply in writing to the Local Health Board providing the information set out in Part 4 of Schedule 2 for the Local Health Board to determine whether premises approval should be given in relation to the new premises, and the Local Health Board must make the determination in accordance with paragraph (2).

(2) If the Local Health Board is satisfied that the change of premises is a minor relocation it may grant the premises approval for those new premises, but if it is not so satisfied, premises approval for the new premises must be refused.

(3) The Local Health Board must notify those persons to whom notice of the application made under regulation 30 (outline consent and premises approval) was required to be given of its determination under paragraph (2).

(4) The determination by the Local Health Board under paragraph (2) may be appealed by the applicant to the Welsh Ministers.

(5) If, in the circumstances outlined in paragraph (4), a notice of appeal is submitted to the Welsh Ministers, Part 1 of Schedule 4 and the following paragraphs of Schedule 4 will apply—

(a) 6(3)(b) and (c),

(b) 7(1) and (3), and

(c) 8,

as if the notice of appeal were submitted under paragraph 6(1) of Schedule 4.

(6) In this regulation—

“minor relocation” means a relocation of practice premises where—

(a)

the pharmaceutical services specified in the application that would have been provided at the practice premises specified in the original application will be provided at the new practice premises, and

(b)

the location of the new practice premises would not be significantly less accessible for the patients who access the practice premises specified in the original application.

Commencement Information

I1 Reg. 33 in force at 1.10.2021, see reg. 1(3)