Paragraph 33 Conditional grant in cases relating to future needs or future improvements or better access
Where F1NHS England grants a routine application because doing so—
will meet a future need for pharmaceutical services, or pharmaceutical services of a specified type in its area; or
will secure future improvements or better access to pharmaceutical services, or pharmaceutical services of a specified type, in its area,
sub-paragraph (2) applies.
Where this sub-paragraph applies, NHS England may grant the application subject to a condition that pharmaceutical services are not provided at F2or from the listed chemist premises to which the application relates (or at F3or from any premises to which the business relocates) until—
some or all of the future circumstances, as a consequence of which the application was granted, have arisen; or
a specified date (having regard to when some or all of the future circumstances, as a consequence of which the application was granted, are likely to arise).
NHS England may vary or remove a condition imposed by virtue of sub-paragraph (2), but if it varies the condition, the revised condition (which becomes a condition imposed by virtue of sub-paragraph (2)) must be a condition that it also meets the requirements of that paragraph.
The condition imposed by virtue of sub-paragraph (2) becomes spent once—
where a date has been specified, that date passes; or
where the condition relates to future circumstances arising, NHS England notifies the successful applicant (P) that the future circumstances have arisen.
P may by a notice request a determination from NHS England as to whether the future circumstances have arisen at any time (but only once in any 60 days), and NHS England must give notice of that determination within 30 days of that request.
Annotations
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
Words in Sch. 2 para. 33(2) inserted (1.10.2025) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/989), regs. 1(2), 53(3)(c)(i)
- F3
Words in Sch. 2 para. 33(2) inserted (1.10.2025) by The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/989), regs. 1(2), 53(3)(c)(ii)