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Paragraph 4 Premises and hours

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Pharmaceutical services shall be provided at each of the premises from which the chemist has undertaken to provide pharmaceutical services at such times as, following an application in writing by the chemist, shall have been approved in his case by an FHSA or, on appeal, the Secretary of State, in accordance with the following provisions of this paragraph.

(2)

An FHSA shall not approve any application submitted by a chemist in relation to the times at which he is to provide pharmaceutical services unless it is satisfied that—

(a)

the times proposed are such that a pharmacist will normally be available—

(i)

subject to sub-paragraph (4), for no less than 30 hours in any week, and

(ii)

on 5 days in any such week; and

(b)

the hours when a pharmacist will normally be available in any week are to be allocated between the days on which he will normally be available in that week in such a manner as is likely to meet the needs of persons in the neighbourhood for pharmaceutical services.

(3)

In this paragraph “available” means, in relation to a pharmacist, available to provide pharmaceutical services of the kind he has undertaken to provide and “availability” shall be construed accordingly.

(4)

The FHSA may approve an application to provide pharmaceutical services for less than 30 hours in any week provided that it is satisfied that the provision of pharmaceutical services in the neighbourhood is likely to be adequate to meet the need for such services at times when the pharmacist is not available.

(5)

An application for approval pursuant to sub-paragraph (2) shall be made in writing to an FHSA.

(6)

The FHSA shall determine an application within 30 days of receiving it.

(7)

Subject to sub-paragraph (8), in determining any application, the FHSA shall either—

(a)

grant approval;

(b)

grant approval subject to any requirements that it considers appropriate for the purpose of ensuring that a chemist is available for the provision of pharmaceutical services at such times as are necessary to meet the need for such services; or

(c)

refuse approval.

(8)

Where the FHSA is considering whether to grant approval subject to any requirements, as mentioned in sub-paragraph (7)(b), it shall consult the Local Pharmaceutical Committee before determining the application.

(9)

An FHSA shall notify the chemist in writing of its determination, and, where it refuses an application or grants an application subject to any requirements under sub-paragraph 7(b), it shall send the chemist a statement in writing of the reasons for its determination or, as the case may be, for the imposition of the requirements and of the chemist’s right of appeal under sub-paragraph (10).

(10)

A chemist may, within 30 days of receiving a notification pursuant to sub-paragraph (9), appeal in writing to the Secretary of State against any refusal of approval or against any condition imposed pursuant to sub-paragraph (7)(b).

(11)

The Secretary of State may, when determining an appeal, either confirm the determination of the FHSA or substitute his own determination for that of the FHSA.

(12)

The Secretary of State shall notify the chemist in writing of his determination and shall in every case include with the notification a written statement of the reasons for the determination.

(13)

At each of the premises at which a chemist provides pharmaceutical services he shall exhibit—

(a)

a notice provided by the FHSA specifying the times at which the premises are open for the provision of drugs and appliances; and

(b)

at times when the premises are not open, a notice, where practicable legible from outside the premises, to be provided by the FHSA in the form prescribed in Part IV of Schedule 3 specifying the addresses of other chemists included in the pharmaceutical list and the times at which drugs and appliances may be obtained from those addresses.

(14)

An FHSA shall notify the chemist in writing of the names and addresses of other chemists included in the pharmaceutical list whose premises are in the neighbourhood and of the times at which they are required to provide pharmaceutical services.

(15)

Where a chemist is prevented by illness or other reasonable cause from complying with his obligations under this paragraph, he shall, where practicable, make arrangements with one or more chemists whose premises are situated in the neighbourhood for the provision of pharmaceutical services during that time.

(16)

A chemist may apply to an FHSA for a variation of the times at which, in accordance with a determination under this paragraph (“the earlier determination”), a pharmacist is required to be normally available, and sub-paragraphs (3) to (13) shall apply to the making and determination (“the subsequent determination”) of an application under this sub-paragraph as if it were the first application by that chemist for the purposes of this paragraph.

(17)

Where an application made under sub-paragraph (16) is approved, the earlier determination mentioned in sub-paragraph (16) shall cease to have effect and the subsequent determination mentioned in that sub-paragraph shall have effect instead—

(a)

where the subsequent determination is made by an FHSA and no appeal is made, from the day falling 8 weeks after the date on which the chemist receives notification of that FHSA’s determination; or

(b)

where the subsequent determination is made on appeal, from the day falling 8 weeks after the date on which the chemist receives notification of the Secretary of State’s determination.

(18)

Where it appears to the FHSA, after consultation with or at the request of the Local Pharmaceutical Committee, that the times at which a pharmacist is available no longer meet the needs of persons in the neighbourhood for pharmaceutical services, it may review the terms of—

(a)

any approval granted by the FHSA under sub-paragraph (7)(a) or (b) or by the Secretary of State under sub-paragraph (12); or

(b)

any direction given under sub-paragraph (20)(a) by the FHSA or, on appeal, by the Secretary of State.

(19)

On any review under sub-paragraph (18) the FHSA shall—

(a)

give notice to the chemist of its proposed changes in the times at which the pharmacist is to be available; and

(b)

allow him 30 days within which to make representations to the FHSA about its proposals.

(20)

After considering any representations made in accordance with sub-paragraph (19)(b), the FHSA shall either—

(a)

direct the chemist to revise the times at which the pharmacist is to be available in the manner specified in the direction; or

(b)

confirm that the existing times of availability continue to meet the need for pharmaceutical services.

(21)

The FHSA shall notify the chemist in writing of its determination under sub-paragraph (20), and where it gives a direction under head (a) of that sub-paragraph it shall include with the notification a statement in writing of the reasons for its determination and of the chemist’s right of appeal under sub-paragraph (22).

(22)

A chemist may, within 30 days of receiving notification under sub-paragraph (21), appeal in writing to the Secretary of State against a direction under sub-paragraph (20)(a).

(23)

Sub-paragraphs (11) and (12) shall apply to any appeal made under sub-paragraph (22) but as though in sub-paragraph (12) any reference to a determination were a reference to a decision.

(24)

A chemist in respect of whom a direction is given under sub-paragraph (20) shall revise the times of availability of the pharmacist so as to give effect to the direction—

(a)

where the direction is given by the FHSA and no appeal is made, not later than 8 weeks after the date on which he receives notification under sub-paragraph (21); or

(b)

where the direction is given or confirmed on appeal, not later than 8 weeks after the date on which he receives notification of the Secretary of State’s decision.