The National Health Service (Pharmaceutical Services) (Amendment No. 2) Regulations 2005

New Regulation 18ZA

8.  After regulation 17 insert—

“Refusal: premises which are in a controlled locality but not in a reserved location

18ZA.— (1) Paragraph (2) applies where—

(a) the application is made by a registered pharmacist, a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968(1) or a supplier of appliances, in respect of premises in a controlled locality; and

(b) either—

(i) the Primary Care Trust has determined under regulation 35, or

(ii) on appeal it is determined,

that the premises from which the applicant wishes to provide pharmaceutical services are not in a reserved location.

(2) Subject to regulations 25 and 26, the Primary Care Trust—

(a) shall refuse an application to the extent that it is of the opinion that to grant it would prejudice the proper provision of primary medical services, dispensing services, local pharmaceutical services or pharmaceutical services in any locality; and

(b) may refuse an application in a case to which regulation 36(9) applies (notwithstanding that it would, if determining that application in isolation, grant it) where the number of applications is such, or the circumstances in which they are made are such, that to grant all of them or more than one of them would prejudice the proper provision of primary medical services, dispensing services, local pharmaceutical services or pharmaceutical services in any locality.”.

(1)

1968 c. 67. Section 69 was amended by the Statute Law (Repeals) Act 1993 (c. 50).