Regulation 13 Exemption from the necessary or desirable test

(1)

Unless the applicant requests otherwise, or the premises to which his application relates are in a neighbourhood in which local pharmaceutical services are or are to be provided, regulation 12 shall not apply to an application in respect of—

(a)

premises which are in an approved retail area (within the meaning of regulation 15);

(b)

premises which the applicant is willing to keep open for at least 100 hours per week for the provision of pharmaceutical services;

(c)

premises which are in a new one-stop primary care centre (within the meaning of regulation 16); or

(d)

premises at which essential services are to be provided but the means of providing those services are such that all persons receiving them do so otherwise than at those premises (“distance selling premises”).

(2)

As regards an application to which paragraph (1)(b) applies, if the application is granted—

(a)

it is a condition of the applicant’s inclusion in a pharmaceutical list (and so a term of service) that the premises to which the application relates are kept open for at least 100 hours per week for the provision of pharmaceutical services, and the Primary Care Trust may not vary or remove that condition; and

(b)

the Primary Care Trust may only remove a person from the pharmaceutical list for breach of that condition if—

(i)

that person has repeatedly breached the condition, or is likely to breach the condition repeatedly, without good cause, or

(ii)

the breach is, in all the circumstances, a serious breach and as a consequence of it the safety of a patient has been or may be put at serious risk.

(3)

As regards an application to which paragraph (1)(a), (b) or (c) applies—

(a)

the application may only be granted if the applicant agrees to a condition of his inclusion in the pharmaceutical list that he will provide, where requested to do so by the Primary Care Trust, and at the premises to which the application relates, such directed services as the Primary Care Trust may specify; and

(b)

if the application is granted, it is a condition of the applicant’s inclusion in a pharmaceutical list (and so a term of service) that he provides, where requested to do so by the Primary Care Trust and at the premises to which the application relates, the directed services specified by the Primary Care Trust for the purposes of this paragraph (read with regulation 14).

(4)

As regards an application to which paragraph (1)(d) applies, if the application is granted it is a condition of the applicant’s inclusion in a pharmaceutical list (and so a term of service) that—

(a)

he does not offer to provide pharmaceutical services to persons who are present at the premises to which the application relates; and

(b)

the means by which he provides pharmaceutical services are such that the person receiving them does so otherwise than at the premises to which the application relates,

and the Primary Care Trust may not vary or remove those conditions.