The National Health Service (Pharmaceutical Services) Regulations 2012

Listing applications: NHS chemists

2.—(1) An application made under regulation 5(1) or 40(1) of the 2005 Regulations(1) (which relate to applications for inclusion in a pharmaceutical list and preliminary consent applications)—

(a) which has not been determined before the appointed day;

(b) which, if it were determined under the 2005 Regulations, would be determined having regard to regulation 12(1) or 13(1)(a) to (c) of those Regulations(2) (which relate to the necessary or expedient test and exemptions from that test); and

(c) which has been notified—

(i) under regulation 23(2) of the 2005 Regulations(3) (notification of applications) and the period for making representations set out in that regulation 23(2) has elapsed before the appointed day, or

(ii) under regulation 33(2) of the 2005 Regulations(4) (notification of applications in respect of premises in a controlled locality) and the period for making representations set out in regulation 33(4) of those Regulations(5), as it applies in relation to notifications under that regulation 33(2), has elapsed before the appointed day,

is to be determined in accordance with the provisions of the 2005 Regulations, until that application is finally determined.

(2) An application to which sub-paragraph (1)(a) and (b) applies is to be treated as meeting the requirements of sub-paragraph (1)(c) if—

(a) consideration of it was deferred by the Primary Care Trust under the 2005 Regulations (but not because the application was incomplete) for a period of at least 14 days; and

(b) had the application been notified on the date of the deferral instead of being deferred, the relevant period for making representations, as mentioned in sub-paragraph (1)(c)(i) or (ii), would have elapsed before the appointed day.

(3) An application made under regulation 5(1), 40(1) or 54(2) of the 2005 Regulations (which relate to applications for inclusion in a pharmaceutical list, preliminary consent applications and temporary provision during a period of suspension)—

(a) which has not been determined before the appointed day;

(b) to which, if it were determined under the 2005 Regulations, would be determined having regard to regulation 6 to 10, 13(1)(d) or 54 of those Regulations(6) (which relate to different types of exempt application, exemption from the necessary or expedient test and temporary provision during a period of suspension),

is to be determined in accordance with the provisions of the 2005 Regulations, until that application is finally determined.

(4) Where an application made under the 2005 Regulations for preliminary consent has been finally granted before the appointed day—

(a) an application under regulation 5(1) of the 2005 Regulations that is in accordance with regulation 41(1) of those Regulations (effect of preliminary consent) may be made in relation to that consent; and

(b) any such application is to be determined in accordance with the provisions of the 2005 Regulations, until that application is finally determined.

(5) Where an application made under 2005 Regulations for preliminary consent is made before the appointed day and that application is to be determined in accordance with those Regulations by virtue of sub-paragraph (1) or (3), if the application is granted—

(a) an application under regulation 5(1) of the 2005 Regulations that is in accordance with regulation 41(1) of those Regulations may be made in relation to that consent; and

(b) any such application is to be determined in accordance with the provisions of the 2005 Regulations, until that application is finally determined.

(6) Where by virtue of this paragraph, an application is to be determined in accordance with regulation 10 of the 2005 Regulations, as relevant—

(a) the LPS Regulations(7); or

(b) the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002(8),

apply as regards the determination of that application as in force immediately before the appointed day.

(7) Where an application under regulation 5(1), 40(1) or 54(2) of the 2005 Regulations has been determined in accordance with those Regulations, whether before the appointed day or by virtue of this paragraph—

(a) the arrangements for bringing an appeal in relation to that application; and

(b) the determination of any appeal validly brought,

are to be in accordance with the provisions of the 2005 Regulations.

(8) Where an application under regulation 5(1), 40(1) or 54(2) of the 2005 Regulations has not been determined before the appointed day and is not to be determined in accordance with those Regulations by virtue of this paragraph—

(a) that application is void; and

(b) any fee charged by the Primary Care Trust in relation to that application in accordance with directions under section 131 of the 2006 Act (power to charge) is to be treated as invalidly charged.

(1)

Prior to its repeal, regulation 5(1) was amended by S.I. 2005/1501.

(2)

Prior to their repeal, regulation 12(1) and the heading of regulation 13(1) were amended by S.I. 2009/2205.

(3)

Prior to its repeal, regulation 23(2) was amended by S.I. 2006/3373 and 2008/528.

(4)

Prior to its repeal, regulation 33(2) was amended by S.I. 2008/528.

(5)

Prior to its repeal, regulation 33(4) was amended by S.I. 2005/1501.

(6)

Prior to their repeal, amendments were made to these provisions by S.I. 2005/1501, 2006/552 and 3373, 2007/289, and 2009/2205.

(7)

S.I. 2006/552.

(8)

S.I. 2002/2016.