Paragraph 9 Undertakings

United Kingdom

F1(1)

An applicant (A) must provide the following undertakings—

(a)

an undertaking to notify F2NHS England within 7 days of any material changes to the information provided in the application that occur before—

(i)

the application is withdrawn,

(ii)

while the application remains the subject of proceedings, the proceedings relating to the application reach their final outcome and any appeal through the courts has been disposed of, or

(iii)

if the application is granted, A commences the provision of the services to which the application relates,

whichever is the latest of these events to take place;

(b)

an undertaking to notify NHS England if A is included, or applies to be included, in any other relevant list of another primary care organisation before—

(i)

the application is withdrawn,

(ii)

while the application remains the subject of proceedings, the proceedings relating to the application reach their final outcome and any appeal through the courts has been disposed of, or

(iii)

if the application is granted, A commences the provision of the services to which the application relates,

whichever is the latest of these events to take place;

(c)

if A is seeking inclusion in a pharmaceutical list or (if A is already listed in that list) the listing of premises in relation to A that are not already listed in relation to A, an undertaking—

(i)

to comply with all the obligations that are to be their terms of service under regulation 11 if the application is granted, and

(ii)

in particular, in relation to any proposed pharmacy premises, to provide all the services and perform all the activities at F3or from those premises that are required under the terms of service to be provided or performed as or in connection with essential services; and

(d)

if A is seeking to provide directed services an undertaking—

(i)

that A will provide the directed services mentioned in the application, if NHS England does commission the services F4at or from A within 3 years of the date of either the grant of the application or, if later, the listing in relation to the applicant of the premises to which the application relates,

(ii)

if the services are commissioned by NHS England, that A will provide the services in accordance with an agreed service specification, and

(iii)

A's agreement to a service specification will not be unreasonably withheld.

F5(2)

In relation to a consolidation application, if NHS England intends to commission from the applicant enhanced services provided at or from the closing premises, and notifies the applicant of that intention, the applicant is required to provide the undertaking referred to in sub-paragraph (1)(d) in relation to those services, whether or not the applicant is on notice of that intention at the time the applicant makes the consolidation application.

Annotations

Textual amendments

F1: Sch. 2 para. 9 renumbered as Sch. 2 para. 9(1) (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 11
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 Sch. 2 para. 9(1)(c)(ii) 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(2)(a)
F4: Words in Sch. 2 para. 9(1)(d)(i) 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(2)(b)
F5: Sch. 2 para. 9(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), 11