{
  "url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-2005/schedule-4/part-1/paragraph-5",
  "json_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-regulations-2005/schedule-4/part-1/paragraph-5.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": "schedule/4/part/1/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "NECESSARY OR DESIRABLE TEST",
  "text": "Where regulation 12 applies, reasons why the applicant considers the granting of the application is necessary or desirable in order to secure the adequate provision of pharmaceutical services in that neighbourhood.\nWhere an applicant does not wish to rely on an exemption under regulation 13, a statement that the applicant does not want the exemptions to apply.\nWhere regulation 13 applies and the applicant does seek to rely on an exemption, which exemption is applicable and—\n(a) where regulation 13(1)(a) applies—\n(i) the name of the approved retail area,\n(ii) confirmation that the retail area is approved by the Secretary of State under regulation 15(1), and\n(iii) details of the directed services the applicant will undertake;\n(b) where regulation 13(1)(b) applies—\n(i) details of how the pharmacy will be staffed during its opening hours, and\n(ii) details of the directed services the applicant will undertake;\n(c) where regulation 13(1)(c) applies—\n(i) the names of the persons carrying on business as a consortium,\n(ii) an outline of its management and equity structure,\n(iii) the articles of association of the consortium,\n(iv) confirmation that the one-stop primary care centre is part of the Primary Care Trust’s strategic service development plan or equivalent plan and was included in that plan for the first time on or after 1st April 2005,\n(v) the number of patients on the patient list of the provider of primary medical services and the name and address of that provider,\n(vi) details of the health and social services to be provided from the one-stop primary care centre, and\n(vii) details of the directed services the applicant will undertake; or\n(d) where regulation 13(1)(d) applies, details of how the applicant will provide the essential services.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2010/22",
      "affecting_title": "The Transfer of Tribunal Functions Order 2010"
    },
    {
      "type": "am",
      "affecting": "uksi/2009/2205",
      "affecting_title": "The National Health Service (Miscellaneous Amendments Relating to Community Pharmaceutical Services and Optometrist Prescribing) Regulations 2009"
    },
    {
      "type": "rev in pt",
      "affecting": "uksi/2008/683",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2008"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2008/683",
      "affecting_title": "The National Health Service (Pharmaceutical Services) (Amendment) Regulations 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/641/schedule/4/part/1/paragraph/5",
    "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."
}