Paragraph 15 Determination of opening hours instigated by the Local Health BoardI1
England and Wales
Where it appears to the Local Health Board, after consultation with or having considered the matter at the request of the Local Pharmaceutical Committee, that the days on which or times at which premises are or will be open for the supplying of appliances will not, or no longer meet, the needs of—
people in the neighbourhood, or
other likely users of the NHS appliance contractor’s premises,
for the supply of appliances, it may carry out an assessment as to whether to issue a direction requiring the NHS appliance contractor to provide pharmaceutical services at the premises at set times and on set days (which may include Christmas Day, Good Friday, Easter Sunday and bank holidays).
Before concluding the assessment under sub-paragraph (1) the Local Health Board must—
give notice to the NHS appliance contractor of any proposed changes to the days on which or times at which the premises are to be open, and
allow the NHS appliance contractor 60 days within which to make written representations to the Local Health Board about the proposed changes.
After considering any representations made in accordance with sub-paragraph (2)(b), the Local Health Board must—
issue a direction (which will replace any existing direction) which meets the requirements of sub-paragraphs (4) and (5), or
confirm any existing direction in respect of the days on which and the times at which the NHS appliance contractor must provide pharmaceutical services at the premises, provided that the existing direction, whether issued under this Schedule or Schedule 5 to the 2013 Regulations, would meet the requirements of sub-paragraphs (4) and (5) if it were issued under this paragraph, or
either—
revoke (without replacing it) any existing direction in respect of the days on which and the times at which the NHS appliance contractor must provide pharmaceutical services at the premises, whether issued under this Schedule or Schedule 5 to the 2013 Regulations, or
in a case where there is no existing direction, issue no direction, in which case, by virtue of paragraph 13(1)(a), the premises must be open for not less than 30 hours each week.
Where a Local Health Board issues a direction under sub-paragraph (3) in respect of premises that are to be required to be open—
for more than 30 hours each week, it must set out in that direction—
the total number of hours each week for which the NHS appliance contractor must provide pharmaceutical services at the premises, and
as regards the additional hours for which the NHS appliance contractor is to provide pharmaceutical services, the days on which and the times at which they are required to provide those services during those additional hours,
but it must not set out in that direction the days on which or times at which the NHS appliance contractor is to provide pharmaceutical services during hours which are not additional hours, or
for less than 30 hours each week, it must set out in that direction the days on which and times at which pharmaceutical services are to be provided at those premises.
The Local Health Board must not issue a direction under sub-paragraph (3) that has the effect simply of requiring premises to be open for 30 hours each week on set days and at set times (that is, the direction must have the effect of requiring premises to be open for either more or less than 30 hours each week).
The Local Health Board must notify the NHS appliance contractor in writing of any direction issued or any other action taken under sub-paragraph (3), and where it sets new days on which or times at which the NHS appliance contractor is to provide pharmaceutical services at the premises, it must include with the notification a statement of—
the reasons for the change, and
the right of appeal of the NHS appliance contractor under sub-paragraph (7).
An NHS appliance contractor may, within 30 days of receiving notification under sub-paragraph (6), appeal in writing to the Welsh Ministers against any direction issued or any other action taken under sub-paragraph (3) which sets new days on which or times at which the NHS appliance contractor is to provide pharmaceutical services.
The Welsh Ministers may, when determining an appeal, either confirm the action taken by the Local Health Board or take any action that the Local Health Board could have taken under sub-paragraph (3).
The Welsh Ministers must notify the NHS appliance contractor in writing of a determination under sub-paragraph (8) and must in every case include with the notification a written statement of the reasons for the determination.
If the days on which or times at which an NHS appliance contractor is to provide pharmaceutical services at the premises have been changed in accordance with this paragraph, the NHS appliance contractor must introduce the changes—
if they have not appealed under sub-paragraph (7), not later than 8 weeks after the date on which they receive a notification under sub-paragraph (6), or
if they have appealed under sub-paragraph (7), not later than 8 weeks after the date on which they receive a notification under sub-paragraph (9).
Annotations
Commencement
- I1
Sch. 6 para. 15 in force at 1.10.2020, see reg. 1(2)(b)