Paragraph 4 Listing applications under the 2005 Regulations: dispensing doctors

(1)

An application made to a Primary Care Trust under Part 5 of the 2005 Regulations (provision of pharmaceutical services by doctors) for outline consent or premises approval (including temporary premises approval) which—

(a)

has not been determined before the appointed day; and

(b)

by virtue of Schedule 7 to the 2012 Regulations (transitional provisions) was to be determined in accordance with the 2005 Regulations,

is to be dealt with by F1NHS England in accordance with the 2005 Regulations.

(2)

Where an application under Part 5 of the 2005 Regulations has been determined in accordance with those Regulations, whether before the appointed day or by virtue of sub-paragraph (1)—

(a)

the arrangements for bringing an appeal in relation to that application; and

(b)

the determination of any appeal validly brought,

are to be in accordance with the 2005 Regulations.

(3)

If, before the appointed day—

(a)

a Primary Care Trust has required a doctor to provide pharmaceutical services under regulation 60(4)(a) of the 2005 Regulations M1 (arrangements for provision of pharmaceutical services by doctors); and

(b)

the doctor has appealed against that decision,

the arrangements for bringing that appeal, and the determination of any appeal validly brought, are to be in accordance with the 2005 Regulations.

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

Marginal citations

M1: Prior to its revocation, regulation 60(4) was amended by S.I. 2005/1015 and 2006/3373.