PART 13Local Pharmaceutical Services

Designation of areas, premises or descriptions of premises99

1

F1NHS England may designate relevant areas, premises or descriptions of premises for the purposes of paragraph 2 of Schedule 12 to the 2006 Act M1 (LPS schemes – designation of priority neighbourhoods or premises).

2

Any designation made is to be of an area in which, or premises or descriptions of premises at which, local pharmaceutical services are to be provided under a proposed or approved LPS scheme (referred to in this regulation as the “relevant scheme”), but a designation is not necessary in respect of every such scheme.

3

Any designation made must—

a

be made in writing and be dated;

b

include a map showing the location of the area, premises or description of premises designated; and

c

include an outline of the services to be provided under the relevant scheme.

4

F1NHS England must give notice of the designation to—

a

the HWB (HWB1) for the area to which the designation relates, or (as the case may be) for the area in which the premises or descriptions of premises are situated;

b

any Local Pharmaceutical Committee whose area includes the premises, descriptions of premises, or all or part of the area to which the designation relates;

c

any Local Medical Committee whose area includes the premises, descriptions of premises, or all or part of the area to which the designation relates;

d

any NHS chemist whose listed chemist premises—

i

are in the area of HWB1, or

ii

are in the area of a neighbouring HWB and whose interests are likely, in the opinion of F1NHS England, to be affected by the designation;

e

any person who is entitled because of the grant of a routine or excepted application to be included in a pharmaceutical list—

i

for the area of HWB1, or

ii

for the area of a neighbouring HWB, if their interests are likely, in the opinion of F1NHS England, to be affected by the designation,

but who is not (yet) included;

f

any LPS chemist whose chemist premises—

i

are in the area of HWB1, or

ii

are in the area of a neighbouring HWB and whose interests are likely, in the opinion of F1NHS England, to be affected by the designation;

g

any dispensing doctor whose listed dispensing premises—

i

are in the area of HWB1, or

ii

are in the area of a neighbouring HWB and whose interests are likely, in the opinion of F1NHS England, to be affected by the designation; and

h

any Local Healthwatch organisation for the area of HWB1.

5

A designation under this regulation, and any designation by a Primary Care Trust under regulation 4 of the 2006 Regulations M2 (designation of priority neighbourhoods or premises), may be varied by F1NHS England where—

a

if it relates to an area, the LP services to be provided under the relevant scheme are to be provided in or from part only of that area;

b

if it relates to premises, the LP services to be provided under the relevant scheme are to be provided at or from part only of those premises;

c

if it relates to a description of premises, the LP services to be provided under the relevant scheme are to be provided at or from parts only of the premises described.

6

Where a designation is varied under paragraph (5), that designation must—

a

satisfy the requirements of paragraph (3) (the date of the designation becoming the date on which it is varied); and

b

be notified in accordance with paragraph (4).

7

F1NHS England must—

a

publish—

i

all its (current) designations, including designations it has varied, under this regulation, and

ii

all the (current) designations of Primary Care Trusts, including their varied designations, under regulation 4 of the 2006 Regulations; and

b

ensure that each HWB has access to those designations which is sufficient to enable the HWB to carry out its functions under these Regulations.