SCHEDULE 9Transitional provisions
Gradual introduction of the provision of pharmaceutical services by doctors10
1
Where, when granting an application which by virtue of paragraph 4 is finally determined in accordance with the 2005 Regulations, the NHSCB is required to consider under regulation 20(2) of the 2005 Regulations (imposition of conditions) any postponement of the making of arrangements with a dispensing doctor arising out of that grant, that consideration and its decision are to be in accordance with the 2005 Regulations.
2
Where before the appointed day a Primary Care Trust is considering under regulation 20(2) of the 2005 Regulations the postponement of the making of arrangements with a dispensing doctor, that matter is to be dealt with by the NHSCB, in accordance with the 2005 Regulations.
3
Where, under the 2005 Regulations—
a
a decision relating to postponement of the making of arrangements with a dispensing doctor is made by virtue of sub-paragraph (1) or (2); or
b
before the appointed day, a decision relating to postponement of the making of arrangements with a dispensing doctor was made by a Primary Care Trust under the 2005 Regulations, and—
i
that decision has been appealed before the appointed day, or
ii
the time limit for bringing an appeal against that decision has not elapsed before the appointed day,
the arrangements for bringing an appeal in relation to that decision, and the determination of any appeal validly brought, are to be in accordance with the 2005 Regulations.
4
Where, when granting an application which by virtue of paragraph 5 is finally determined in accordance with the 2012 Regulations, the NHSCB is required to consider under regulation 57(1) of the 2012 Regulations (gradual introduction of premises approval)—
a
any postponement of the making of arrangements with a dispensing doctor arising out of that grant; or
b
any limitation on the patients to whom a dispensing doctor is able to provide pharmaceutical services,
that consideration and its decision are to be in accordance with the 2012 Regulations.
5
Where before the appointed day a Primary Care Trust is considering under regulation 57(1) of the 2012 Regulations—
a
the postponement of the making of arrangements with a dispensing doctor; or
b
any limitation on the patients to whom a dispensing doctor is able to provide pharmaceutical services,
that matter is to be dealt with by the NHSCB, in accordance with the 2012 Regulations.
6
Where, under the 2012 Regulations—
a
a decision relating to—
i
postponement of the making of arrangements with a dispensing doctor, or
ii
limiting the patients to whom a dispensing doctor is able to provide pharmaceutical services,
is made by virtue of sub-paragraph (1) or (2); or
b
before the appointed day, a decision relating to postponement of the making of arrangements with a dispensing doctor, or to limiting the patients the patients to whom a dispensing doctor is able to provide pharmaceutical services, was made by a Primary Care Trust pursuant to the 2012 Regulations, and—
i
that decision has been appealed before the appointed day, or
ii
the time limit for bringing an appeal against that decision has not elapsed before the appointed day,
the arrangements for bringing an appeal in relation to that decision, and the determination of any appeal validly brought, are to be in accordance with the 2012 Regulations.
7
Conditions imposed by virtue of—
a
regulation 20(2) of the 2005 Regulations relating to postponement of the making of arrangements with a dispensing doctor; or
b
regulation 57(1) of the 2012 Regulations relating to—
i
the postponement of the making of arrangements with a dispensing doctor, or
ii
limiting the patients to whom a dispensing doctor is able to provide pharmaceutical services,
whether or not imposed by virtue of this paragraph, continue to have effect as if imposed under these Regulations.