4.—(1) Subject to the following provisions of this regulation, a Primary Care Trust may designate neighbourhoods, premises or descriptions of premises for the purposes of paragraph 2 of Schedule 8A to the Act.
(2) Where a designation has been made or varied under this regulation, the Primary Care Trust may defer consideration of all other Part 2 applications(1) in respect of the designated neighbourhood, premises or descriptions of premises, until such time as the designation is cancelled.
(3) A designation must designate the neighbourhood in which, or the premises or description of the premises at which, local pharmaceutical services are to be provided under—
(a)a proposal for an LPS scheme; or
(b)LPS schemes that have been approved,
and the proposed scheme or the approved schemes (collectively) are referred to in this regulation as the “relevant scheme”.
(4) A designation must include details of the services to be provided under the relevant scheme, and must—
(a)be made in writing and dated; and
(b)include a map showing the location of the neighbourhood or premises that have been designated.
(5) A Primary Care Trust must give notice of a designation which it has made to—
(a)any Local Pharmaceutical Committee formed for the area of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
(b)any Local Medical Committee formed for the area of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
(c)any person whose name is included in the pharmaceutical list of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
(d)any person who provides services under LPS arrangements or an LPS Scheme in the locality of the Primary Care Trust;
(e)any person whose name is included in the dispensing doctor list of that Primary Care Trust or of a neighbouring Primary Care Trust who, in the opinion of the Primary Care Trust, is likely to be affected by the designation; and
(f)any Patients' Forum serving the locality of the Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation.
(6) A Primary Care Trust may vary a designation under this paragraph if—
(a)where the designation relates to a neighbourhood, the LP services to be provided under the relevant scheme are to be provided from part only of that neighbourhood;
(b)where the designation relates to premises, the LP services to be provided under the relevant scheme are to be provided from part only of those premises; or
(c)where the designation relates to a description of premises, the LP services to be provided under the relevant scheme are to be provided from certain parts only of the premises described.
(7) A designation varied under paragraph (6) must designate the neighbourhood, premises or description of premises which are designated for the purposes of the designation and must satisfy the conditions specified in paragraph (4).
(8) A Primary Care Trust must give notice of the variation to those persons listed in paragraph (5).
(9) A Primary Care Trust must make available for inspection at its offices copies of all the designations which it has made, including any variations of such designations.
5.—(1) A Primary Care Trust must regularly review a designation which it has made or varied under regulation 4.
(2) A Primary Care Trust must conduct a review of a designation under regulation 4 before the end of the period of six months beginning with the date of that designation (or as the case may be) the date of the last review of that designation.
(3) When conducting a review of a designation, a Primary Care Trust must take into account representations received from any persons listed in regulation 4(5).
(4) A Primary Care Trust must notify those persons listed in regulation 4(5) of the outcome of the review.
6.—(1) A Primary Care Trust may at any time cancel a designation which it has made or varied under regulation 4.
(2) A Primary Care Trust must cancel a designation which it has made or varied—
(a)if required to do so by a direction given by the Secretary of State;
(b)if, within a period of twelve months beginning with the date of the original designation, an application for an LPS scheme that relates to the designation has not been submitted to the Primary Care Trust for approval;
(c)if the only (or only remaining) application for an LPS scheme that relates to the designation has been rejected; or
(d)if there is a significant change to the neighbourhood in which, or the premises from which, the LP services are to be provided, other than a change which leads to a variation by virtue of regulation 4(6).
(3) A Primary Care Trust must give notice of cancellation of a designation to those persons listed in regulation 4(5).
(4) Where a Primary Care Trust has cancelled a designation, it may not designate the same neighbourhood, premises or description of premises within a period of six months beginning with the date of cancellation of the designation, except where the reason for the cancellation of the designation was the rejection of an application for an LPS scheme.
See paragraph 2(3) of Schedule 8A to the Act, which defines “Part 2 Applications” for the purposes of that Act.