# The National Health Service (Pharmaceutical Services) Regulations 1992, Regulation 11: Applications for inclusion in pharmaceutical lists in respect of controlled localities


(1) Subject to paragraph (4), where the premises specified in an application under regulation 4(2)(a) are in a controlled locality, that application shall be determined in accordance with regulation 12 unless—
(a) the applicant is seeking only to change within that controlled locality the premises at which he provides pharmaceutical services; and
(b) the granting of the application would not, in the view of the FHSA, result in a significant change in the arrangements for the provision of pharmaceutical services in any part of a controlled locality.
(2) Subject to paragraph (4), where—
(a) the premises specified in an application under regulation 4(2)(a) (not being in a controlled locality) are within one mile of any part of any controlled locality in which reside patients for whom a doctor provides pharmaceutical services; and
(b) the granting of the application would, in the view of the FHSA, result in a significant change in the arrangements for the provision of pharmaceutical services in any part of a controlled locality,
the FHSA shall, where it grants the application, consider the conditions (if any) which are to be imposed in relation to that grant under regulation 12(15) and, pending the final determination of such conditions, shall not in consequence of the grant give notice to any doctor to discontinue the provision of pharmaceutical services to any patient.
(3) Where the premises specified in an application under regulation 4(2)(a) are within one mile of the locality of another FHSA, the FHSA shall make enquiries as to controlled localities in that locality in order to determine—
(a) whether the application is of the description specified in paragraph (2); and
(b) which controlled localities are to be considered for the purposes of paragraph (1)(b) or (2)(b),
and where it is satisfied that there is a relevant controlled locality in that locality, it shall consult that other FHSA before forming a view for the purposes of paragraph (1)(b) or (2)(b).
(4) An application shall not be determined under regulation 12—
(a) where regulation 15 applies; or
(b) where the applicant intends to provide pharmaceutical services in the place of, and at the same location as, another person who provides pharmaceutical services.

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Source: https://www.legislation.gov.uk/uksi/1992/662/regulation/11 (the official version)
Page: https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-1992/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.