The National Health Service (Miscellaneous Amendments Relating to Community Pharmaceutical Services and Optometrist Prescribing) Regulations 2009

Amendment of regulation 53

13.  In regulation 53 (withdrawals from the list), after paragraph (5), insert the following paragraphs—

“(6) Paragraph (7) applies where—

(a) a Primary Care Trust—

(i) is carrying out an investigation of a chemist (“C”) for one of the reasons given in paragraph (2),

(ii) has decided—

(aa) to remove C from its pharmaceutical list under section 151 or 152(3) of the 2006 Act,

(bb) to remove C contingently from its pharmaceutical list under section 152(1) of the 2006 Act, or

(cc) to remove C from its pharmaceutical list for a breach of a condition imposed on inclusion under regulation 44,

but has not yet given effect to its decision, or

(iii) has suspended C under section 154(1)(b) of the 2006 Act;

(b) an application is made, pursuant to regulation 8, to change the ownership of any listed premises from which C has undertaken to provide pharmaceutical services in the Primary Care Trust’s area; and

(c) if that application were granted, C would need to be removed from the pharmaceutical list.

(7) Where this paragraph applies, the Primary Care Trust shall determine the application, and if it grants the application—

(a) it may include the new owner of the premises on the pharmaceutical list; but

(b) it shall not, without the consent of the Secretary of State, remove C’s name from the pharmaceutical list until the investigation or the proceedings referred to in paragraph (6)(a) have been concluded.

(8) If C’s name is maintained on a pharmaceutical list pursuant to paragraph (7)—

(a) a Primary Care Trust may exercise its functions under Part 3 as regards C; but

(b) for all other purposes, C shall be treated as though C’s name had been removed from the pharmaceutical list following the granting of the change of ownership application.”.