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

New regulation 65A

15.  After regulation 65, insert the following regulation—

“Temporary new or additional premises during an emergency requiring the flexible provision of pharmaceutical services

65A.— (1) Regulation 65 shall not apply to an application by a doctor of the type mentioned in regulation 65(1)(or (b) for—

(a) temporary premises approval in relation to premises in addition to those in respect of which premises approval has already been given under this Part; or

(b) temporary premises approval in relation to new premises where the doctor wishes to dispense instead of listed premises,

requiring a temporary amendment to a dispensing doctor list which a Primary Care Trust is satisfied is necessary or expedient because of an emergency requiring the flexible provision of pharmaceutical services.

(2) In the circumstances described in paragraph (1), the Primary Care Trust may grant the application, but—

(a) only for a specified period (which shall not be longer than the specified period of the emergency given by the Secretary of State) which the Primary Care Trust may extend or curtail in appropriate circumstances; and

(b) the applicant may revert to the overridden premises approval before the end of the period specified by the Primary Care Trust, on giving the Primary Care Trust at least 24 hours notice.

(3) There is no right of appeal under these Regulations in respect of a decision—

(a) to grant or refuse an application under paragraph (1); or

(b) to extend or curtail, or not to extend or curtail, temporary premises approval under paragraph (2)(a).”.