The National Health Service (Pharmaceutical Services) Regulations 2012

Notification of applications for outline consent and premises approval

52.—(1) Where a Primary Care Trust (PCT1) receives an application for outline consent or premises approval (including an application for premises approval to which regulation 54 or 55 applies), as soon as is practicable, it must give notice of that application to—

(a) any Local Pharmaceutical Committee for its area (including one for its area and that of one or more other Primary Care Trusts);

(b) any Local Medical Committee for its area (including one for its area and that of one or more other Primary Care Trusts);

(c) any person—

(i) included in its pharmaceutical list, or

(ii) who is entitled to be included in its pharmaceutical list because of the grant of a routine or excepted application but who is not (yet) included,

whose interests might, in the opinion of PCT1, be significantly affected if the application were granted;

(d) any LPS chemist—

(i) with whom PCT1 has made arrangements for the provision of any local pharmaceutical services, and

(ii) whose interests might, in the opinion of PCT1, be significantly affected if the application were granted;

(e) any relevant local involvement network, and any other patient, consumer or community group in its area which, in the opinion of PCT1, has a significant interest in the outcome of the application;

(f) any provider of primary medical services, or any other person on its dispensing doctors list if it has one (being a performer but not a provider of primary medical services), who in the opinion of PCT1 has a significant interest in the outcome of the application; and

(g) any other Primary Care Trust or Local Health Board any part of whose area is within 2 kilometres of the proposed listed dispensing premises to which the application relates.

(2) PCT1 may also give notice of the application to any other person who, in the opinion of PCT1, has a significant interest in the outcome of the application;

(3) A Primary Care Trust notified under paragraph (1)(g) (PCT2) must, within 14 days of receiving the notification—

(a) give notice of the application to—

(i) any Local Pharmaceutical Committee for its area (including one for its area and that of one or more other Primary Care Trusts) not already given notice of the application,

(ii) any Local Medical Committee for its area (including one for its area and that of one or more other Primary Care Trusts) not already given notice of the application,

(iii) any person—

(aa) included in its pharmaceutical list, or

(bb) who is entitled to be included in its pharmaceutical list because of the grant of a routine or excepted application but who is not (yet) included,

whose interests might, in the opinion of PCT2, be significantly affected if the application were granted,

(iv) any LPS chemist—

(aa) with whom PCT2 has made arrangements for the provision of any local pharmaceutical services, and

(bb) whose interests might, in the opinion of PCT2, be significantly affected if the application were granted,

(v) any relevant local involvement network, and any other patient, consumer or community group in its area which, in the opinion of PCT2, has a significant interest in the outcome of the application, and

(vi) any provider of primary medical services, or any other person on its dispensing doctors list if it has one (being a performer but not a provider of primary medical services), who in the opinion of PCT2 has a significant interest in the outcome of the application; and

(b) notify PCT1 of the action that it has taken under sub-paragraph (a).

(4) A person (P) notified under paragraphs (1) to (3)(a) may make representations in writing about the application that is the subject of the notification to PCT1 to whom the application was made, provided P does so—

(a) within 45 days of the date on which notice of the application was given to them; or

(b) in the case of notifications under paragraph (2) or (3), within such longer period as PCT1 may specify.

(5) If PCT1 is considering, as a consequence of an application for outline consent or premises approval, making (including revising) a determination as to whether or not an area is or is not to be part of controlled locality, it must give notice under paragraph (1) at the same time that it gives notice under regulation 38(1).

(6) A person (P) notified under paragraphs (1) to (3)(a)—

(a) must be informed of P’s right to make representations under paragraph (4); and

(b) need not be given the same information as other persons notified under paragraphs (1) to (3)(a) but, subject to sub-paragraphs (7) to (9), P must be provided with sufficient information, from the information supplied by the applicant, to enable P to make informed representations with regard to whether or not the application should be granted, having regard to P’s interest in the matter.

(7) P need not be provided with any information that is published as part of PCT1’s pharmaceutical needs assessment.

(8) P must not be provided with any private addresses, private telephone numbers or dates of birth supplied by the applicant (A).

(9) If A advises the Primary Care Trust that—

(a) information supplied by A is considered by A to be confidential to A; and

(b) A does not consent to the information being disclosed as part of the notification,

the Primary Care Trust must withhold that information from P if it considers that the full disclosure principle does not require it to provide that information to P.

(10) The “full disclosure principle” is that information that is relevant to the determination of an application should be available to any individual who has a significant interest in the outcome of the application, unless it is fair and proper for that information to be withheld from that individual.

(11) If information is being withheld from P under paragraph (9), P must be informed of the nature of the information that is being withheld from P.