The National Health Service (Pharmaceutical Services) Regulations 2012

Determinations of reserved locations: supplemental matters

43.—(1) Once a Primary Care Trust has determined whether or not an area is a reserved location under regulation 41(2) or 42(1), it must—

(a) give notice of the determination to the person in relation to whose pharmacy premises or proposed pharmacy premises the determination relates, and to the persons notified in accordance with regulation 41(4) or 42(2); and

(b) as part of that notice, inform them of—

(i) its determination and the reasons for it, and

(ii) in the case of any person notified who is a Local Pharmaceutical Committee, a Local Medical Committee, a provider of primary medical services, an LPS chemist or a person on a pharmaceutical or dispensing doctors list, their right of appeal under regulation 45(1)(c) or (d).

(2) Where—

(a) part of the area of what would otherwise be determined under regulation 41(2) or 42(1) to be a reserved location is within 1.6 kilometres of the location of other pharmacy premises (that is, pharmacy premises other than the pharmacy premises at the relevant location); and

(b) there is no reserved location arising out of the presence of those other pharmacy premises,

that part of that area is not to be part of the reserved location.

(3) A reserved location (as opposed to the determination of a reserved location) takes effect once the pharmacy premises to which it relates are listed in the pharmaceutical list.

(4) Once a reserved location takes effect, the Primary Care Trust that determined it must delineate precisely the boundary of the reserved location on the map on which it delineates, pursuant to regulation 39(2)(a)(i), the boundary of the related controlled locality.