The Board shall, at the same time as giving written notice of the application under paragraph 1(1), give written notice of the application to any dispensing doctor who dispenses from premises in the neighbourhood to which the application relates.

Determination of applications

Notification of decisions

Appeals

Form of Appeal

6

(1) If it appears to the National Appeal Panel that an appeal can properly be determined without a hearing, it may determine the appeal without a hearing.

(2) If the National Appeal Panel determines that a hearing is required, it shall take place at such time and place as the National Appeal Panel may direct and notice shall be sent by post to the interested parties and the Board not less than 14 days before the date fixed for the hearing.

(3) The interested parties may attend and be heard in person or be represented by counsel or a solicitor or other representative at the hearing and the Board may attend and be represented at the hearing by any duly authorised official or by counsel or a solicitor.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to the provisions of these Regulations, the National Appeal Panel shall determine an appeal (including its procedure) as it thinks fit and its decision in respect of an appeal shall be final.

(6) In this paragraph “interested parties” means the appellant, the applicant and any person or body mentioned in paragraph 1 who makes written representations to the Board about the application.

Chair of National Appeal Panel

Notice of decision of National Appeal Panel

Complaints, concerns, comments, feedback;

Pre-application and joint consultation

5A

(1) A person who intends to make an application under regulation 5(2) (except in the instance of an application to which paragraph (3) or (4) of regulation 5 applies) must, prior to making that application—

(a) consult with the Board to which their intended application relates to discuss the case for the proposed pharmacy, having regard to the Board’s pharmaceutical care services plan, for the purpose of determining the scope of the application; and

(b) agree the approach to completing a joint consultation in accordance with paragraphs (2) and (3).

(2) The joint consultation must be undertaken jointly with the Board to which the intended application relates and be for the purpose of—

(a) assessing whether the neighbourhood to which the application relates has adequate provision, by persons on the pharmaceutical list, of some or all of the pharmaceutical services that the applicant intends to provide; and

(b) establishing the level of support of residents in the neighbourhood to which the application relates.

(3) The joint consultation must—

(a) be completed within the period of 90 days immediately prior to the making of the application;

(b) seek views on—

(i) the pharmaceutical services to be provided by the applicant;

(ii) gaps in existing pharmaceutical service provision;

(iii) the relationship and integration of the pharmaceutical services to be provided by the applicant with other NHS funded services;

(iv) the potential for the pharmaceutical services to be provided by the applicant to impact on other NHS funded services;

(v) the neighbourhood to which the application relates; and

(vi) the location and proposed opening hours of the premises to which the application relates;

(c) be undertaken in such a way as to reach, as far as possible, the majority of residents in the neighbourhood to which the application relates, including publication on social media used by the Board and advertisement of the joint consultation—

(i) (where the application is to relocate) through display in a prominent place where the applicant currently provides pharmaceutical services; or

(ii) (where the application is to open additional premises or to be included in the pharmaceutical list) through advertisement in a newspaper most likely to have the largest circulation in the neighbourhood to which the application relates; and

(d) be for a continuous period of not less than 90 working days from the date of advertisement under sub-paragraph (c).

(4) Following the completion of the joint consultation, the Board and applicant must agree upon and produce a consultation analysis report which details—

(a) the methods of engagement used to undertake consultation activity;

(b) the list of consultation questions and responses;

(d) the level of support of residents in the neighbourhood to which the application relates for the issues consulted upon.

(5) The Board and applicant must complete the consultation analysis report as soon as reasonably practicable, following which the Board must submit that report to the Chair of the Pharmacy Practices Committee prior to any determination of the application under Schedule 3.

Temporary relocations and additional premises

Effect to be given to corresponding decisions in England, Wales and Northern Ireland

Provisional pharmaceutical list

Removal from and amendment to pharmaceutical list

Transitional Arrangements

Schemes for securing proper pharmaceutical service

Payments to pharmacy contractors and standards of drugs and appliances

Payments to pharmacy contractors in respect of suspended pharmacists

Application for pharmaceutical services

Publication of particulars

Service of documents

Revocations

Consequential amendments

Applications relating to areas of a prescribed description

1A

(1) For the purpose of section 27(4)(d) of the Act, a controlled locality is an area within a Health Board, which is remote or rural in character, and which is served by a dispensing doctor.

(2) The boundary of a controlled locality area is that of the dispensing doctor’s practice area under sub-paragraph (1) on the day before the day on which the application under regulation 5(2) is made.

(3) Upon identifying any areas which are a controlled locality in accordance with this paragraph, the Board must, as soon as reasonably practicable—

(a) give written notice to the dispensing doctor serving that controlled locality and to the person or body listed at paragraph 1 informing them of the identification of the controlled locality;

(b) delineate the boundaries of the controlled locality on a map; and

Review of controlled locality

1B

(1) The Board shall, subject to sub-paragraph (2) and regulation 5(10B), no earlier than 3 years from the date of notification of a controlled locality in accordance with paragraph 1A, review that controlled locality designation.

(2) If the Board is satisfied that within that 3 year period there has been a substantial change in circumstances in relation to the controlled locality area then it may reconsider the controlled locality designation.

(3) Following a review, prior to a decision to keep or change the controlled locality designation, the Board must, as soon as practicable, give written notice to the dispensing doctor serving that controlled locality and to the persons or body mentioned in paragraph 1 informing them of—

(a) the proposal and the reasons for it; and

(b) their right, within 30 days from the date on which the notification was sent, to make written representations about that change to the Board containing a statement of reasons why that proposal should be reconsidered.

(4) Following consideration of any representations received in accordance with sub-paragraph (3) the Board must make their final decision and where applicable—

(a) delineate on a map the new boundaries of the controlled locality; or

(b) remove from the map, the delineated boundary of an area that has ceased to be a controlled locality.

Public consultation

Dispensing doctor notification

Determination of applications

Notification of decisions

Appeals

Form of Appeal

Independent legal assessor

5A

(1) The Board may appoint an independent legal assessor to assist them in their deliberations, including voting.

(2) The independent legal assessor’s role is to provide legal and technical advice and support.

Voting

Standing orders

Vacancy

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