Regulation 9 Amendment of regulation 26 of the principal Regulations

In regulation 26 of the principal Regulations (change of ownership applications)—

(a)

in paragraph (2)—

(i)

in sub-paragraph (d), for “if Y had” substitute “had Y”, and

(ii)

in sub-paragraph (e), for “if” substitute “in a case where”; and

(b)

after paragraph (2) insert the following paragraphs—

“(3)
An application pursuant to paragraph (1) must be refused if it relates to distance selling premises, unless the application, if made pursuant to regulation 25(1), would not be refused pursuant to regulation 25(2).

(4)
An application pursuant to paragraph (2) must be refused if the existing pharmacy premises from which the applicant is seeking to relocate are distance selling premises, unless the premises to which the applicant is seeking to relocate are also distance selling premises (and this is in addition to the requirement that arises by virtue of paragraph (2)(d) that the application, if made pursuant to regulation 25(1), would not be refused pursuant to regulation 25(2)).”.