The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

Temporary provision in cases of relocations or additional premises where premises approval has not taken effect

58.—(1) In the circumstances described in regulation 56(1), if the premises approval has not taken effect because of an outstanding pharmacy application which has not lapsed, the NHSCB may grant the applicant (D) temporary premises approval—

(a) if it considers it is desirable to do so in order to secure the adequate provision of pharmaceutical services in the area for which D has outline consent;

(b) for a period of not exceeding 12 months, but which may be renewed for a further period not exceeding 3 months (and if the first period granted is less than 12 months, it may be renewed more than once for up to a total aggregate period of 15 months).

(2) If the NHSCB grants temporary premises approval under paragraph (1), it must notify—

(a) D;

(b) the applicant who made the outstanding pharmacy application;

(c) any Local Pharmaceutical Committee whose area includes the medical practice premises for which temporary premises approval has been granted; and

(d) any Local Medical Committee whose area includes the medical practice premises for which temporary premises approval has been granted;

(3) A notification under paragraph (2) must include—

(a) a statement of the reasons for the decision; and

(b) a statement of the duration of the temporary premises approval and any circumstances in which it might be extended.

(4) If the NHSCB refuses an application to grant temporary premises approval under paragraph (1), the NHSCB must notify that decision to the applicant and include with that notification—

(a) a statement of the reasons for the decision; and

(b) an explanation of how D’s rights of appeal under regulation 63(1)(c)(iii) may be exercised.