{
  "url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-1992/regulation-12",
  "json_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-1992/regulation-12.json",
  "legislation": "uksi/1992/662",
  "legislation_title": "The National Health Service (Pharmaceutical Services) Regulations 1992",
  "legislation_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-1992",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Determination of applications in respect of controlled localities",
  "text": "(1) Where an FHSA receives an application which it is required, by virtue of regulation 11, 14(3) or 21, to determine in accordance with the provisions of this regulation, it shall send a notice of the application and a copy of the application to—\n(a) the Local Medical Committee;\n(b) the Local Pharmaceutical Committee;\n(c) any person whose name is included in the medical list or the pharmaceutical list of the FHSA who, in its opinion, might be affected by the grant of the application;\n(d) any other FHSA in whose medical list or pharmaceutical list is included the name of a person who, in the opinion of the FHSA, might be so affected; and\n(e) any Community Health Council serving the locality of the FHSA or of any other FHSA notified under sub-paragraph (d).\n(2) Where an FHSA is sent a copy of an application under paragraph (1)(d), it shall, as soon as practicable, send a copy to—\n(a) the Local Medical Committee for its locality;\n(b) the Local Pharmaceutical Committee for its locality; and\n(c) any person whose name is included in its medical list or pharmaceutical list who might, in its opinion, be affected by the grant of the application.\n(3) Any person to whom an FHSA has sent a copy of the application may, within 30 days of the date on which that copy was sent to him make representations in writing to the FHSA to which the application was made.\n(4) Any other person who considers that he might be affected by the decision on the application may, within such reasonable period as the FHSA to whom the application was made may allow, make representations in writing to it.\n(5) The FHSA may determine an application in such manner as it thinks fit and may, if it considers that oral representations are unnecessary, determine the application without hearing any oral representations.\n(6) In any case where the FHSA decides to hear oral representations, it shall give the applicant and any person from whom it has received representations under paragraph (3) or (4) not less than 14 days notice of the time and place at which the representations are to be heard.\n(7) The FHSA may invite any other person to give oral evidence as it thinks fit.\n(8) The applicant and any person mentioned in paragraph (6) may be assisted at any such hearing in the presentation of his representations by some other person, but no person shall be entitled to be heard in the capacity of counsel or solicitor.\n(9) The procedure by which representations are heard shall be such as the FHSA may determine.\n(10) No person who provides or assists in providing general medical services or pharmaceutical services under Part II of the Act shall take part in any decision under this regulation.\n(11) The FHSA shall, as soon as practicable after determining the application, give notice in writing—\n(a) of its decision and the reasons for that decision to—\n(i) the applicant,\n(ii) the Local Medical Committee,\n(iii) the Local Pharmaceutical Committee,\n(iv) any other FHSA to which notice was sent pursuant to paragraph (1)(d),\n(v) any Local Medical Committee or Local Pharmaceutical Committee notified pursuant to paragraph (2)(a), and\n(vi) any other person who has given evidence under the provisions of paragraph (3) or (4); and\n(b) of the rights of appeal arising under regulation 13 to—\n(i) the applicant, and\n(ii) any person who gave evidence under the provisions of paragraph (3).\n(12) The FHSA may, where it thinks fit, consider two or more applications together in relation to each other, and, where it proposes to do so, it shall so inform the applicants and the persons to whom copies of the applications were sent under this regulation.\n(13) The FHSA—\n(a) shall refuse an application to the extent that it is of the opinion that to grant it would prejudice the proper provision of general medical services or pharmaceu tical services in any locality;\n(b) shall refuse an application under regulation 21 in relation to any part of the area specified in the application—\n(i) which is not in a controlled locality, or\n(ii) which is within one mile of any pharmacy; and\n(c) may refuse an application in a case to which paragraph (12) applies (notwithstanding that it would, if determining that application in isolation, grant it) where the number of applications is such, or the circumstances in which they are made are such, that to grant all (or more than one of them) would prejudice the proper provision of general medical services or pharmaceutical services in any locality;\nand any refusal of such an application may relate to all or any part of the area within the controlled locality.\n(14) Subject to paragraph (13) and to regulation 4(4), the FHSA shall grant every application and shall consider whether the provision of general medical services by any doctor or pharmaceutical services by any chemist is likely to be adversely affected in consequence of that grant.\n(15) Where the FHSA considers that the provision of general medical services by any doctor or pharmaceutical services by any chemist is likely to be adversely affected in consequence of a grant under paragraph (14), it may impose conditions to postpone, for such period as it thinks fit, the making or termination of arrangements under regulation 20 for the provision by a doctor of pharmaceutical services to his patients.\n(16) An application granted in accordance with the provisions of this regulation shall not be treated as finally granted for the purposes of these Regulations until the end of the period for bringing an appeal under regulation 13 or until the determination of any such appeal, whichever is the later, and “final grant” shall be construed accordingly.\n(17) Subject to paragraph (18), an FHSA shall not consider under this regulation—\n(a) any application for outline consent under regulation 21 where, during the relevant period, an application made under that regulation in respect of the same area has been finally refused;\n(b) any application to which regulation 11 or 14 applies, where the location of the premises at which the pharmacist intends to provide pharmaceutical services is in a controlled locality and—\n(i) is in an area in respect of which an application under regulation 21 was finally granted during the relevant period, or\n(ii) is within one mile of the location of premises in respect of which an application to which regulation 4 or 11 applies was finally refused during the relevant period.\n(18) An FHSA may at any time consider an application to which paragraph (17) applies where it is satisfied that, since the date of the refusal or, as the case may be, grant referred to in paragraph (17)(a) or (b), or, where there has been more than one such refusal or grant during the relevant period, the last such refusal or grant, there has been a substantial change of circumstances affecting the controlled locality.\n(19) In this regulation “relevant period” means the period of 5 years immediately preceding the making of the application.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2004/627",
      "affecting_title": "The National Health Service (Personal Medical Services Agreements) Regulations 2004"
    },
    {
      "type": "amended",
      "affecting": "uksi/1998/681",
      "affecting_title": "The National Health Service (Pharmaceutical Services) Amendment Regulations 1998"
    },
    {
      "type": "amended",
      "affecting": "uksi/1998/681",
      "affecting_title": "The National Health Service (Pharmaceutical Services) Amendment Regulations 1998"
    },
    {
      "type": "added",
      "affecting": "uksi/1998/681",
      "affecting_title": "The National Health Service (Pharmaceutical Services) Amendment Regulations 1998"
    },
    {
      "type": "amended",
      "affecting": "uksi/1998/681",
      "affecting_title": "The National Health Service (Pharmaceutical Services) Amendment Regulations 1998"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "wsi/2004/478",
      "affecting_title": "The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004"
    },
    {
      "type": "substituted",
      "affecting": "uksi/2003/1084",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2004/291",
      "affecting_title": "The National Health Service (General Medical Services Contracts) Regulations 2004"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2004/291",
      "affecting_title": "The National Health Service (General Medical Services Contracts) Regulations 2004"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2004/291",
      "affecting_title": "The National Health Service (General Medical Services Contracts) Regulations 2004"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2004/291",
      "affecting_title": "The National Health Service (General Medical Services Contracts) Regulations 2004"
    },
    {
      "type": "applied (with modifications)",
      "affecting": "uksi/2004/291",
      "affecting_title": "The National Health Service (General Medical Services Contracts) Regulations 2004"
    },
    {
      "type": "substituted",
      "affecting": "uksi/2004/922",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
      "type": "substituted for reg. 12(1)(d)(i)",
      "affecting": "uksi/2004/922",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2004/922",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
      "type": "substituted",
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      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
      "type": "revoked",
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      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
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      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
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      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
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    {
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    },
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      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
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      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
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      "affecting": "uksi/2004/922",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2004/922",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004"
    },
    {
      "type": "am (W)",
      "affecting": "wsi/2003/3236",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (No.2) (Wales) Regulations 2003"
    },
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      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2004"
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    {
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      "affecting": "wsi/2004/1021",
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    },
    {
      "type": "words substituted",
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      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2004"
    },
    {
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      "affecting": "wsi/2004/1021",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2004"
    },
    {
      "type": "substituted",
      "affecting": "wsi/2004/1021",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "wsi/2004/1021",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2004"
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    {
      "type": "words substituted",
      "affecting": "wsi/2004/1021",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "wsi/2004/1021",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "wsi/2004/1021",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2004"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2002/2469",
      "affecting_title": "The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2002/2469",
      "affecting_title": "The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002"
    },
    {
      "type": "am (E)",
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      "affecting_title": "The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002"
    },
    {
      "type": "am (E)",
      "affecting": "uksi/2002/2016",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002"
    },
    {
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      "affecting": "uksi/2002/2861",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
    },
    {
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      "affecting": "uksi/2002/2861",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
    },
    {
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      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
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      "affecting": "uksi/2002/2861",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
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    {
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      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
    },
    {
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      "affecting": "uksi/2002/2861",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2002/2861",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2002/2861",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2002/2861",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2002/2861",
      "affecting_title": "The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/662/regulation/12",
    "retrieved_at": "2026-10-29T14:25:33.027590+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}