{
  "url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-2005/regulation-62",
  "json_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-2005/regulation-62.json",
  "legislation": "uksi/2005/641",
  "legislation_title": "The National Health Service (Pharmaceutical Services) Regulations 2005",
  "legislation_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-2005",
  "path": "regulation/62",
  "kind": "regulation",
  "number": "62",
  "heading": "Taking effect of outline consent and premises approval",
  "text": "(1) When granting outline consent, the Primary Care Trust shall determine in accordance with paragraph (2) when the outline consent is to take effect.\n(2) The outline consent shall take effect—\n(a) in relation to premises to which paragraph (3) applies, on the date on which outline consent is finally granted; and\n(b) in relation to premises to which paragraph (4) applies, in accordance with paragraphs (11) to (13).\n(3) This paragraph applies to premises for which outline consent is sought and—\n(a) which were, on the date of receipt of the application by the Primary Care Trust—\n(i) practice premises, or\n(ii) in a reserved location; or\n(b) in relation to which, on the day before the date on which the application for outline consent is granted, there are no outstanding applications.\n(4) This paragraph applies where, on the day before the date on which the application for outline consent is granted, there are outstanding applications.\n(5) For the purposes of paragraphs (3) and (4), and regulations 64 and 65, an “outstanding application” means an application under regulation 5 or 40 which—\n(a) is in relation to premises which are within 1.6 kilometres of the premises for which premises approval has been sought; and\n(b) which—\n(i) has been made but not determined (including on appeal), or\n(ii) has been granted but the provision of pharmaceutical services from those premises has not commenced.\n(6) Where paragraph (2)(b) applies, notification of the determination of the application for outline consent by the Primary Care Trust or, on appeal, by the Secretary of State, shall give details of—\n(a) the outstanding applications; and\n(b) the earliest date on which, subject to paragraph (7), an application can be made under paragraph (11) to the Primary Care Trust for a determination that the outline consent should come into effect (“provisional date”).\n(7) The provisional date is the day after the end of a period of one year beginning with the date of—\n(a) the determination of the application for outline consent; or\n(b) where that determination is the subject of an appeal, the determination of that appeal.\n(8) The Primary Care Trust may, at any time before the provisional date, for good cause determine that the provisional date shall be extended for a period not exceeding three months beginning with the date specified in paragraph (7)(a) or (b), and any reference in this regulation or in regulation 64 to the provisional date shall include a reference to the provisional date as extended under this paragraph.\n(9) The Primary Care Trust shall—\n(a) ensure that any notifications required to be given by the Primary Care Trust or the Secretary of State in relation to any outstanding applications are also given to the doctor who made the application under regulation 61;\n(b) notify that doctor if any outstanding application is withdrawn; and\n(c) where it extends the provisional date under paragraph (8), notify that doctor of the new provisional date.\n(10) The outline consent shall lapse if, before the provisional date, pharmaceutical services are provided from premises which were the subject of an outstanding application which has been granted.\n(11) On, or as soon as reasonably practicable after, the provisional date, the Primary Care Trust shall notify the doctor who made the application under regulation 61 and—\n(a) he may within three months of the provisional date request the Primary Care Trust in writing to determine whether the outline consent should come into effect; and\n(b) the Primary Care Trust shall determine the request as soon as practicable and in accordance with paragraphs (12) and (13).\n(12) Where on the date of the determination under paragraph (11), the premises are practice premises, the Primary Care Trust shall determine that the outline consent and premises approval in respect of those premises shall come into effect on that date.\n(13) Where, on the date of the determination under paragraph (11), the premises are not practice premises—\n(a) the application for outline consent shall be refused as regards premises approval for those premises; or\n(b) where none of the premises for which premises approval has been granted are practice premises, the outline consent shall lapse.\n(14) The Primary Care Trust shall notify its determination under paragraph (11) to the applicant and those persons to whom notice of the application under regulation 61 was required to be given under regulation 33(2) and (3).\n(15) Where the Primary Care Trust has determined that—\n(a) the provisional date shall be extended under paragraph (8);\n(b) the application for outline consent shall be refused under paragraph (13)(a); or\n(c) outline consent shall lapse under paragraph (13)(b),\nthe applicant may appeal under regulation 38 to the Secretary of State against any such determination by giving notice of appeal in accordance with regulation 38(5).\n(16) Premises approval shall take effect when the relating outline consent takes effect.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/641/regulation/62",
    "retrieved_at": "2026-10-29T05:04:38.912950+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."
}