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

Fitness information that has already been provided under pharmaceutical or local pharmaceutical services U.K.

5.—(1) If information mentioned in paragraph 3 or 4 has already been provided to [F1 NHS England] (or a home Primary Care Trust) on a previous occasion pursuant to regulations under Part 7 of the 2006 Act, an applicant need not provide that information again to [F1 NHS England] in relation to the current application.

(2) An applicant relying on paragraph (1) must, when making its application—

(a) confirm to [F1 NHS England] that [F1 NHS England] already has all the information required under paragraphs 3 and 4; or

(b) if there is any missing information required under those paragraphs—

(i) confirm to [F1 NHS England] what information [F1 NHS England] already has, and

(ii) provide the missing information.

[F2 (3) Unless sub-paragraph (4) applies, information is only to be considered missing for the purposes of sub-paragraph (2)(b) if, having regard to the fact that the fitness of the applicant to be included in a pharmaceutical list has already been established (or if the applicant’s fitness is under investigation, that investigation is being taken forward separately), it is nevertheless material to the consideration of the application.

(4) Information is to be considered missing for the purposes of sub-paragraph (2)(b) if it has previously been provided to NHS England or a Primary Care Trust by the applicant, but more than 7 years prior to the date of the application.

(5) If a declaration that is required to be included in an application has never previously been provided to NHS England or has previously been provided but it is no longer up to date—

(a) an up to date declaration, together with any information that the applicant needs to provide in support of that declaration; or

(b) any information that needs to be provided because the applicant is unable to make that declaration,

is to be considered as missing information for the purposes of sub-paragraph (2)(b).]

Textual Amendments

F1 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

F2 Sch. 2 para. 5(3)-(5) inserted (25.5.2023) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2023 (S.I. 2023/479), regs. 1(2), 7