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

Voluntary and automatic removal of listings: change of ownership, relocation, temporary provision and voluntary closure U.K.

75.—(1) If, as a consequence of a change of ownership application [F1 or a consolidation application], an NHS chemist (C) is no longer to be the person listed in a pharmaceutical list in relation to particular pharmacy premises—

(a) if there are other chemist premises listed in that pharmaceutical list in relation to C, [F2 NHS England] must remove the listing of the particular premises in relation to C from that list; or

(b) if there are no other chemist premises listed in that pharmaceutical list in relation to C, subject to regulation 76, [F2 NHS England] must remove C from that pharmaceutical list.

(2) If C is relocating from existing chemist premises listed in a particular pharmaceutical list to new chemist premises [F3 other than as a consequence of a consolidation application]—

(a) if—

(i) there are other chemist premises listed in that pharmaceutical list in relation to C, or

(ii) there are no other chemist premises so listed, but the existing chemist premises and the new chemist premises are in the area of the same HWB,

[F2 NHS England] must remove the listing of the existing premises in relation to C from that pharmaceutical list with effect from the date that C is required to notify to [F2 NHS England] under [F4 regulation 67(4)]; or

(b) if—

(i) there are no other premises listed in that pharmaceutical list in relation to C, and

(ii) the new chemist premises are in the area of another HWB,

subject to regulation 76, [F2 NHS England] must remove C from that pharmaceutical list with effect from the date that C is required to notify to [F2 NHS England] under [F5 regulation 67(4)].

(3) If C has been providing pharmaceutical services on behalf of a suspended NHS chemist at chemist premises listed in a particular pharmaceutical list (“the temporary provision premises”), once the fixed period referred to in regulation 27(3) expires, if—

(a) other chemist premises are listed by [F2 NHS England] in that pharmaceutical list in relation to C, [F2 NHS England] must remove the listing of the temporary provision premises in relation to C; or

(b) apart from the temporary provision premises, there are no other chemist premises listed by [F2 NHS England] in that pharmaceutical list in relation to C, [F2 NHS England] must remove C from that pharmaceutical list.

(4) Paragraph (5) applies if C—

(a) wishes, other than as provided for in paragraphs (1) to (3), to close particular listed chemist premises and so—

(i) to withdraw from a pharmaceutical list, or

(ii) for particular listed chemist premises no longer to be listed in relation to C; and

(b) has complied with regulation 67(2).

(5) In the circumstances described in paragraph (4)—

(a) if there are other chemist premises listed in the relevant pharmaceutical list in relation to C, [F2 NHS England] must remove the listing of the particular premises in relation to C from that list; or

(b) if there are no other chemist premises listed in the relevant pharmaceutical list in relation to C, subject to regulation 76, [F2 NHS England] must remove C from that list.

(6) If [F2 NHS England] decides not to remove C from a pharmaceutical list under paragraph (5), it must, when it notifies C of that decision, include in that notification—

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

(b) where appropriate, an explanation of how any rights of appeal that C has under regulation 77(1)(e) may be exercised.

Textual Amendments

F1 Words in reg. 75(1) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 10(a)

F2 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F3 Words in reg. 75(2) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 10(b)

F4 Words in reg. 75(2)(a) substituted (1.4.2016) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2016 (S.I. 2016/296), regs. 1(1)(a), 2(2)(a)

F5 Words in reg. 75(2)(b) substituted (1.4.2016) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2016 (S.I. 2016/296), regs. 1(1)(a), 2(2)(b)