Regulation 9 Determination of controlled locality
Where, before the coming into force of these Regulations, it was determined under any provision of regulations revoked by and not re-enacted in these Regulations, that an area was a controlled locality, subject to the provisions of this regulation, that area shall continue to be a controlled locality.
Subject to paragraph (11), an FHSA may at any time consider and determine whether or not an area is rural in character.
A Local Medical Committee or a Local Pharmaceutical Committee may at any time apply in writing to an FHSA to consider and determine whether or not an area specified in the application is rural in character.
On receiving an application under paragraph (3) the FHSA shall, subject to paragraph (11), consider and determine whether or not the area specified in the application or any part of such area is rural in character.
The FHSA shall, before making a determination under this regulation, give notice in writing to the Local Medical Committee, the Local Pharmaceutical Committee and any doctor or chemist who, in the opinion of the FHSA, may be affected by the determination, and shall inform them that they may make representations in writing within 30 days from the date on which the notice was sent.
Where the FHSA determines that any area of part of an area is or is not rural in character, it 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 determination.
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 determination under paragraph (4), 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.
The FHSA shall determine the boundaries of any area or part of an area referred to in the application which it determines to be rural in character, and—
any area determined to be rural in character by the FHSA or, on appeal under regulation 10, by the Secretary of State shall be a controlled locality; and
the FHSA shall delineate precisely the boundaries of any controlled locality on a map.
Any area forming part of an area referred to in an application under paragraph (3) which is determined not to be rural in character shall not be or, as the case may require, shall cease to be a controlled locality.
The FHSA shall not in consequence of a determination under paragraph (4)—
include any particulars in a pharmaceutical list;
give notice to a doctor pursuant to regulation 20(6); or
determine an application under regulation 12,
during the period for bringing an appeal or pending the determination of any such appeal.
Subject to paragraph (12), where the question whether or not an area is rural in character has been determined—
by an FHSA under this regulation; or
on appeal, under regulation 10,
that question shall not again be considered in relation to that area or any part of it during the period of five years immediately following the date of the determination.
A question to which paragraph (11) applies may be considered by an FHSA during the period referred to in that paragraph only where it is satisfied, whether on an application under paragraph (3) or otherwise, that there has been a substantial change of circumstances in relation to the area in question, or the relevant part of it, since the question was last determined.
The FHSA shall, upon any determination by it under this regulation, give to the persons mentioned in paragraph (5) notice in writing of its determination and of the reasons for it, and shall inform the Local Medical Committee and Local Pharmaceutical Committee that they may appeal to the Secretary of State in accordance with regulation 10.