46.—(1) An applicant which is a body corporate that is required to provide the information specified in Part 2 of Schedule 1 may make a request to a Local Health Board for that Local Health Board to act as its home Local Health Board.
(2) Where a Local Health Board has agreed to a request made under paragraph (1), an applicant required to provide as part of an application the information specified in Part 2 of Schedule 1 may instead provide that information to its home Local Health Board and inform the Local Health Board to which the application is made that the home Local Health Board already has the information.
(3) The home Local Health Board must pass the information it has received from an applicant under this regulation to any Local Health Board to which the applicant makes a subsequent application and must do so within 30 days of a request for that information from the other Local Health Board.
(4) The applicant must either—
(a)confirm to the Local Health Board to which the application is made that the information is up to date; or
(b)update the information by sending it to the home Local Health Board.
47.—(1) A Local Health Board must publish in such manner as it sees fit and make available for inspection at its offices copies of—
(a)its pharmaceutical list;
(b)its dispensing doctor list;
(c)a map delineating the boundaries of any controlled localities and reserved locations that have been determined;
(d)details of any determinations made by the Local Health Board under these Regulations in the previous three years;
(e)the terms of service for NHS pharmacists in Schedule 4;
(f)the terms of service for NHS appliance contractors in Schedule 5;
(g)the terms of service for doctors providing pharmaceutical services in Schedule 6; and
(h)the Drug Tariff.
(2) A Local Health Board may—
(a)make such of the documents referred to in paragraph (1) available for inspection at such other places in the area for which it is established as appear to it convenient for informing all persons interested; or
(b)publish at such places in the area for which it is established a notice of the places and times at which copies of such documents may be seen.
(3) A Local Health Board must send a copy of its pharmaceutical lists and of its dispensing doctor list to the Welsh Ministers, the Local Medical Committee and the Local Pharmaceutical Committee, and must, within 14 days of any alteration to those lists, inform them in writing of those alterations.
48. An application to an NHS pharmacist or an NHS appliance contractor for pharmaceutical services may be made—
(a)on behalf of any child by either parent, or in the absence of both parents, the guardian or other person who has the care of the child;
(b)on behalf of any person under 18 years of age who is—
(i)in the care of an authority to whose care he or she has been committed under the provisions of the Children Act 1989(1), by a person duly authorised by that authority, or
(ii)in the care of a voluntary organisation, by that organisation or a person duly authorised by them;
(c)on behalf of any adult who is incapable of making such an application or authorising such an application to be made on their behalf, by a relative or the primary carer of that person; or
(d)on behalf of any other person by any duly authorised person.
49.—(1) Any application under the 1992 Regulations that has been received by a Local Health Board on or before 9 May 2013 must be determined in accordance with the provisions of the 1992 Regulations until that application is finally determined.
(2) Any proposed determination by a Local Health Board under regulation 9(2) of the 1992 Regulations (determination of controlled locality) that has been notified in accordance with regulation 9(5) of those Regulations on or before 9 May 2013, must be determined in accordance with the provisions of the 1992 Regulations until finally determined.
(3) Any appeal under the 1992 Regulations that is—
(a)received by the Welsh Ministers on or before 9 May 2013; or
(b)made after the coming into force of these Regulations in respect of an application determined in accordance with paragraph (1) or a determination made under paragraph (2),
must be determined in accordance with the provisions of the 1992 Regulations.
(4) Where, before 10 May 2013 or as a consequence of paragraph (1) or (3) a person is entitled on the basis of a decision (whether by a Local Health Board or on appeal)—
(a)to be included in a pharmaceutical list or a dispensing doctor list but has not been included in that list; or
(b)to have listed in relation to their entry in a pharmaceutical list or dispensing doctor list premises that have not been listed in relation to them,
the arrangements for the listing of that person or those premises, and the circumstances in which that decision lapses, are as set out in the 1992 Regulations.
(5) In respect of a determination made under paragraph (2), the procedure that must be followed is that in regulation 9(8) and (9) of the 1992 Regulations.
(6) Where preliminary consent was granted under regulation 14 of the 1992 Regulations (preliminary consent to be included in a pharmaceutical list) (whether or not pursuant to paragraph (1) or (3)) and no application had been made under regulation 15 of the 1992 Regulations (effect of preliminary consent) before the date of the coming into force of these Regulations, regulation 12 (applications for preliminary consent and effect of preliminary consent) will apply as if the preliminary consent had been granted under that regulation.
(7) Where paragraph (6) applies, regulation 14(5) of the 1992 Regulations is substituted for regulation 12(5).
(8) If a determination under regulation 9 of the 1992 Regulations has not been finally determined before the coming into force of these Regulations (“an outstanding determination”) a Local Health Board must defer consideration of any application submitted to it under Parts 4 or 5 of these Regulations if the application could be affected by an outstanding determination until such time as the outstanding determination is finally determined.
(9) For the purposes of this regulation, an application or a determination is not to be treated as finally determined until the end of the period for bringing an appeal against that application or determination or until the determination of any such appeal, whichever is later.
50.—(1) The Regulations listed in Schedule 7 are amended as set out in the Schedule.
(2) The Regulations or parts of them listed in Schedule 8 are revoked.