PART 6

Primary care services

Control of entry on pharmaceutical lists
207
1
Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical lists) is amended as follows.
2
In subsection (2), in paragraph (c)—
a
for “must be granted if” substitute “may be granted only if”, and
b
omit the words from “and may otherwise” to the end.
3
After that subsection insert—
2ZA
The Board may not include the Secretary of State, or such other persons as the regulations may prescribe, in a list prepared for the purposes of provision under subsection (2)(a).
4
In subsection (2A)—
a
for “its needs statement” substitute “the needs statement for the relevant area”, and
b
for the words from “it is necessary” to the end substitute
to grant the application would—
a
meet a need in that area for the services or some of the services specified in the application, or
b
secure improvements, or better access, to pharmaceutical services in that area.
5
For subsection (2B) substitute—
2B
In subsection (2A), “relevant area”, in relation to a needs statement, is the area of the Health and Wellbeing Board which includes the premises from which the application states that the applicant will undertake to provide services.
6
In subsection (2C), for “(2B)” substitute “(2A)”.
7
In subsection (4)(c), omit “or (2B)”.
8
In subsection (6)(g)—
a
after “grounds on which” insert “or circumstances in which”,
b
before “may, or must,” insert
— i
, and
c
at the end insert
,
ii
may, or must, remove a person or an entry in respect of premises from a pharmaceutical list
.
9
In subsection (10B), for “Primary Care Trust” substitute “Health and Wellbeing Board”.
10
In section 130(2) of that Act (regulations about appeals from decisions on applications for inclusion in pharmaceutical list)—
a
after “an application” insert “on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153”, and
b
omit “(by way of redetermination)”.
11
In section 136 of that Act (designation of priority neighbourhoods or premises)—
a
in subsections (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
b
after subsection (3) insert—
4
Relevant area” has the same meaning as in section 129(2A).
12
In Schedule 12 to that Act (provision of local pharmaceutical services under LPS schemes), in paragraph 2—
a
in sub-paragraphs (1)(a) and (2)(a) and (b), for “neighbourhoods” substitute “relevant areas”, and
b
after sub-paragraph (3) insert—
4
Relevant area” has the same meaning as in section 129(2A).