Paragraph 4 Premises and hoursI1

Northern Ireland Not yet in force

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

Sch. 2 para. 1 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 2 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 3 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 4 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 5 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 6 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 7 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 8 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 9 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 10 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 11 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 12 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 13 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 14 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 15 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 16 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 17 coming into force by Pharmaceutical Services 1997 reg. 1
Sch. 2 para. 5A 5B inserted by Pharmaceutical Services (Amendments Relating to Serious Shortage Protocols) 2019 reg. 4(2)
Sch. 2 para. 15A inserted by Pharmaceutical Services (Amendments Relating to Serious Shortage Protocols) 2019 reg. 4(3)
Sch. 2 para. 2(1)(a) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(a)(i)
Sch. 2 para. 2(1)(bb) inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(a)(ii)
Sch. 2 para. 2(1)(d) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(a)(iii)
Sch. 2 para. 2(1)(e) inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(a)(iv)
Sch. 2 para. 13(b) word omitted by Pharmaceutical Services and General Medical Services 2002 reg. 6(b)(i)
Sch. 2 para. 13(c) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(b)(ii)
Sch. 2 para. 13(d) inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(b)(iii)
Sch. 2 para. 14(2) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(c)
Sch. 2 para. 15(2) words inserted by Pharmaceutical Services and General Medical Services 2002 reg. 6(d)
Sch. 2 para. 2(1)(a)(b) words inserted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(i)
Sch. 2 para. 2(1)(d)(e) words substituted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(ii)
Sch. 2 para. 2(7) words substituted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(iii)
Sch. 2 para. 2(9)(10) words substituted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(iv)
Sch. 2 para. 2(12) words inserted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(a)(v)
Sch. 2 para. 7(2) words substituted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(b)
Sch. 2 para. 14(1)(2) words inserted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(c)
Sch. 2 para. 14A words inserted by Health and Personal Social Services (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) 2003 reg. 2(4)(c)
Sch. 2 para.001 renumbered by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(2)(a)
Sch. 2 para.001(2) added by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(2)(b)
Sch. 2 para.002(1) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(3)(a)
Sch. 2 para. 2A and cross-heading inserted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(4)
Sch. 2 para. 5(3)2 (1A) words inserted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(6)(a)
Sch. 2 para. 5(3) 2 (1A) words inserted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(6)(b)
Sch. 2 para. 7(2) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(7)
Sch. 2 para. 9(2A) inserted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(8)
Sch. 2 para. 13 substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(9)
Sch. 2 para. 14(2) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(10)
Sch. 2 para. 14A reg. 3(1) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(11)(a)
Sch. 2 para. 14A reg. 7(1) substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(11)(b)
Sch. 2 para. 16 substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(12)
Sch. 2 para. 17 substituted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(13)
Sch. 2 para. 18 omitted by Pharmaceutical Services and Charges for Drugs and Appliances 2005 reg. 13(14)
Sch. 2 para. 4A and cross heading inserted by Pharmaceutical Services 2009 reg. 6
Sch. 2 para. 16(2) substituted by Pharmaceutical Services 2009 reg. 7
Sch. 2 para. 2(2B) omitted by Pharmaceutical Services 2010 reg. 2(4)
Sch. 2 para. 14A omitted by Pharmaceutical Services 2010 reg. 2(4)
Sch. 2 para. 1(1)(c) substituted by Health and Social Care (Disciplinary Procedures) 2016 reg. 14(2)(c)
Sch. 2 words substituted by Pharmaceutical Services 2022 reg. 17(2)
Sch. 2 para. 1(1)(c)(ii) words substituted by Pharmaceutical Services 2022 reg. 17(3)

(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 to the Board, shall have been approved in his case by it or, on appeal, the Department, in accordance with the following provisions of this paragraph.

(2)

The Board shall not approve any application made 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 on any working day between the hours of 9.30 a.m. and 5.30 p.m. (1.00 p.m. on an early closing day).

(3)

In this paragraph—

(a)

“available” means, in relation to a pharmacist, available to provide pharmaceutical services of the kind he has undertaken to provide;

(b)

“an early closing day” means any week day when most shops in the neighbourhood are habitually closed after the hour of 1.00 p.m.

(4)

The Board 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 on any working day between the hours of 9.30 a.m. and 5.30 p.m. (or 1.00 p.m. on an early closing day) at times when the pharmacist is not available.

(5)

Subject to sub-paragraph (6), in determining any application, the Board 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 on any working day between the hours of 9.30 a.m. and 5.30 p.m. (or 1.00 p.m. on an early closing day); or

(c)

refuse approval.

(6)

Where the Board is considering whether to grant approval subject to any requirements, as mentioned in sub-paragraph (5)(b), it shall consult the Local Pharmaceutical Committee before determining the application.

(7)

A Board 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 (5)(b), it shall send to 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 (8).

(8)

A chemist may, within 30 days of receiving a notification pursuant to sub-paragraph (7), appeal in writing to the Department against any refusal of approval or against any requirement imposed pursuant to sub-paragraph (5)(b).

(9)

The Department may, when determining an appeal, either confirm the determination of the Board or substitute its own determination for that of the Board.

(10)

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

(11)

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

(a)

a notice 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, specifying the addresses of other chemists in the neighbourhood included in the pharmaceutical list and the times at which pharmaceutical services may be obtained from those addresses.

(12)

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.

(13)

A chemist may apply to a Board 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 (1) to (10) 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.

(14)

Where an application made under sub-paragraph (13) is approved, the earlier determination mentioned in that sub-paragraph 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 a Board and no appeal is made, from the day falling 8 weeks after the date on which the chemist receives notification of that Board'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 Department's determination.

(15)

Where it appears to the Board, 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 on any working day between the hours of 9.30 a.m. and 5.30 p.m. (or 1.00 p.m. on an early closing day), it may review the terms of—

(a)

any approval granted by the Board under sub-paragraph (5)(a) or (b) or by the Department under sub-paragraph (9); or

(b)

any direction given under sub-paragraph (l 7)(a) by the Board or, on appeal, by the Department.

(16)

On any review under sub-paragraph (15) the Board 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 the chemist 30 days within which to make representations to the Board about its proposals.

(17)

After considering any representations made in accordance with sub-paragraph (16)(b), the Board 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 at which the pharmacist is to be available continue to meet the need for pharmaceutical services on any working day between the hours of 9.30 a.m. and 5.30 p.m. (or 1.00 p.m. on an early closing day).

(18)

The Board shall notify the chemist in writing of its determination under sub-paragraph (17), 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 (19).

(19)

A chemist may, within 30 days of receiving notification under sub-paragraph (18), appeal in writing to the Department against a direction under sub-paragraph (17)(a).

(20)

Sub-paragraphs (9) and (10) shall apply to any appeal made under sub-paragraph (19) but as though in sub-paragraph (10) any reference to a determination were a reference to a decision.

(21)

A chemist in respect of whom a direction is given under sub-paragraph (17)(a) 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 Board and no appeal is made, not later than 8 weeks after the date on which he receives notification under sub-paragraph (18); 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 Department's decision.

(22)

Where it appears to the Board, after consultation with the Local Pharmaceutical Committee, that the times at which a pharmacist is available—

(a)

on any working day before the hour of 9.30 a.m. or after the hour of 5.30 p.m. (or 1.00 p.m. on an early closing day); or

(b)

on any Sunday or public holiday,

are not adequate to meet the needs of persons in the neighbourhood for pharmaceutical services at those times or on those days, the Board may (subject to sub-paragraphs (23) to (25)) direct the chemist to revise the times at which the pharmacist is to be available in the manner specified in the direction.

(23)

The Board shall not give a direction under sub-paragraph (22) unless a fee, allowance or other remuneration to be paid to the chemist to whom the direction is to be given is included in the Drug Tariff or has been determined by the Board by virtue of regulation 9(2) (as the case may be).

(24)

Before giving any direction under sub-paragraph (22) the Board shall—

(a)

give notice to the chemist of the revised times at which it proposes the pharmacist to be available; and

(b)

allow the chemist 30 days within which to make representations to the Board about its proposals,

and shall take any such representations into account.

(25)

The Board shall notify the chemist in writing of a direction under sub-paragraph (22), and shall include with the notification a statement in writing of the reasons for its direction and of the chemist's right of appeal under sub-paragraph (26).

(26)

A chemist may, within 30 days of receiving notification under sub-paragraph (25), appeal in writing to the Department against a direction under sub-paragraph (22).

(27)

Sub-paragraphs (9) and (10) shall apply to any appeal made under sub-paragraph (26) but as though any reference to a determination—

(a)

in sub-paragraph (9) were to a direction; and

(b)

in sub-paragraph (10) were to a decision.

(28)

A chemist in respect of whom a direction is given under sub-paragraph (22) shall revise the times at which the pharmacist is to be available so as to give effect to the direction—

(a)

where the direction is given by the Board and no appeal is made, not later than 8 weeks after the date on which he receives notification under sub-paragraph (25); 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 Department's decision.

Annotations

Commencement

I1: Sch. 2 para. 4 in operation at 6.10.1997, see reg. 1