The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

128 other provisions — procedural and definitional

s.001 Citation and commencement

s.002 Interpretation

s.003 Pharmaceutical needs assessments

s.004 Information to be contained in pharmaceutical needs assessments

s.005 Date by which the first HWB pharmaceutical needs assessments are to be published

s.006 Subsequent assessments and later first assessments

s.007 Temporary extension of earlier pharmaceutical needs assessments and access by NHS England and HWBs to pharmaceutical needs assessments

s.008 Consultation on pharmaceutical needs assessments

s.009 Matters for consideration when making assessments

s.010 Pharmaceutical lists ...

s.011 Terms of service of NHS chemists: general

s.012 Routine applications for inclusion in or amendments to a pharmaceutical list

s.013 Current needs: additional matters to which NHS England must have regard

s.014 Current needs: consequences of additional matters

s.015 Future needs: additional matters to which NHS England must have regard

s.016 Future needs: consequences of additional matters

s.017 Improvements or better access to the current service: additional matters to which NHS England must have regard

s.018 Unforeseen benefits applications: additional matters to which NHS England must have regard

s.019 Applications to which regulation 17 or 18 applies: consequences of additional matters

s.020 Future improvements or better access: additional matters to which NHS England must have regard

s.021 Future improvements or better access: consequences of additional matters

s.021 PNA based applications for new premises offering additional or different opening hours

s.022 Refusal of routine applications that are based on neither a pharmaceutical needs assessment nor unforeseen benefits

s.023 Applications from NHS chemists in respect of providing directed services

s.024 Relocations that do not result in significant change to pharmaceutical services provision

s.025 Distance selling premises applications

s.025 Transitional provision: distance selling premises applications for new inclusions made before 23rd June 2025

s.026 Change of ownership applications

s.026 Consolidation onto an existing site

s.027 Applications for temporary listings arising out of suspensions

s.028 Applications from persons exercising a right of return to a pharmaceutical list

s.029 Temporary arrangements during emergencies or because of circumstances beyond the control of NHS chemists

s.030 Refusal: language requirement for some NHS pharmacists

s.031 Refusal: same or adjacent premises

s.032 Deferrals arising out of LPS designations

s.033 Refusal of applications for inclusion in a pharmaceutical list on fitness grounds

s.034 Deferral of consideration of applications for inclusion in a pharmaceutical list on fitness grounds

s.035 Granting applications for inclusion in a pharmaceutical list subject to efficiency conditions and conditions to combat fraud

s.036 Determination that an area is a controlled locality

s.037 Process for determining controlled localities: preliminary matters

s.038 Process for determining controlled localities: local notification and deferment of routine applications

s.039 Process of determining controlled localities: formulation of NHS England’s decision

s.040 Applications for new pharmacy premises in controlled localities: refusals because of preliminary matters

s.041 Applications for new pharmacy premises in controlled localities: reserved locations

s.042 Second and subsequent determinations of reserved location status

s.043 Determinations of reserved locations: supplemental matters

s.044 Prejudice test in respect of routine applications for new pharmacy premises in a part of a controlled locality that is not a reserved location

s.045 Appeals against decisions under Part 7

s.046 Dispensing doctor lists

s.047 Terms of service of dispensing doctors: general

s.048 Arrangements for the provision of pharmaceutical services by doctors: applications by patients

s.049 Necessary services for temporary patients

s.051 Outline consent and premises approval: applications by doctors

s.052 Notification of applications for outline consent and premises approval

s.053 Decisions on outline consent and premises approval applications and the taking effect of grants

s.054 Premises approval: relocations of practice premises which are not significant before outline consent takes effect

s.055 Premises approval: relocations of practice premises which are not significant after outline consent has taken effect

s.056 Taking effect of premises approval where there is no related application for outline consent

s.057 Gradual introduction of premises approval

s.058 Temporary provision in cases of relocations or additional premises where premises approval has not taken effect

s.059 Practice amalgamations

s.060 Lapse of outline consent and premises approval

s.061 Temporary arrangements during emergencies or circumstances beyond the control of a dispensing doctor

s.062 Persons barred from taking part in decision making with regard to applications for outline consent or premises approval

s.063 Appeals against decisions under Part 8

s.064 Distance selling premises: specific conditions

s.065 Core opening hours conditions

s.065 Continuity in respect of opening hours directions

s.066 Conditions relating to providing directed services

s.067 Conditions relating to voluntary closure of premises

s.067 Condition relating to entering administration

s.068 Conditions relating to local resolution of disputes over terms of service

s.069 Local dispute resolution before serving remedial notices or breach notices

s.070 Breaches of terms of service: remedial notices

s.071 Breaches of terms of service: breach notices

s.071 Issuing breach or remedial notices while a disease is or in anticipation of a disease being imminently pandemic etc.

s.072 Payment withholdings: supplementary matters

s.073 Removal of listings: cases relating to remedial notices and breach notices

s.074 Removal of listings: cases relating to death, incapacity or cessation of service

s.075 Voluntary and automatic removal of listings: change of ownership, relocation, temporary provision and voluntary closure

s.076 Limitation on withdrawal from pharmaceutical lists while fitness investigations or proceedings are ongoing

s.077 Appeals against decisions under Part 10

s.078 Extended meaning of “health scheme” in fraud cases

s.079 Review of decisions to impose fitness conditions originally imposed on grants of applications

s.080 Removal for breach of fitness conditions imposed under regulation 35 or 79

s.081 Mandatory removal in suitability cases

s.082 Fitness cases: procedures for removal or contingent removal from pharmaceutical lists

s.083 Procedure for suspensions in fitness cases

s.084 Procedure for reviewing some suspensions and contingent removal conditions

s.085 General power to revoke suspensions in appropriate circumstances

s.086 Internal handling of fitness information by NHS England or an agent of NHS England

s.087 Review periods for national disqualifications

s.088 Wider notifications of fitness decisions

s.089 The Drug Tariff and section 164: general provisions

s.090 Data to be provided to assist Drug Tariff determinations

s.091 Remuneration of NHS chemists: instruments of appointment of NHS England

s.091 Zero or nominal product reimbursement for ... vaccines and antivirals

s.092 Dispensing doctor remuneration

s.093 The taking effect of determinations

s.094 Overpayments

s.095 Free supply of drugs, appliances and containers where the drug or appliance is supplied under pharmaceutical services

s.097 Reward scheme

s.098 Payments to suspended chemists

s.099 Designation of areas, premises or descriptions of premises

s.100 Review of designations

s.101 Cancellation of designations

s.102 Terms of service for LPS schemes: general

s.102 Suspension of terms of schemes or of enforcement of terms of schemes while a disease is or in anticipation of a disease being imminently pandemic etc.

s.103 LPS schemes: health service body status

s.104 Development of LPS schemes

s.105 Persons permitted to be parties to LPS schemes: fitness criteria

s.106 LPS proposals: fitness information to be supplied

s.107 Notification of proposals

s.108 Right of return to pharmaceutical lists: LPS contractors

s.109 LPS pilot schemes: health service body status

s.110 LPS pilot schemes: termination

s.111 Emergencies requiring the flexible provision of local pharmaceutical services

s.112 Sharing of information about LPS chemists and their employees with the General Pharmaceutical Council

s.113 Directions to the First-tier Tribunal relating to local pharmaceutical services

s.114 Lists of LPS chemists

s.115 Notification by NHS England of changes to its lists

s.116 Authorised persons to apply for services

s.117 Functions of the Secretary of State to be exercised by the NHS Litigation Authority

s.118 Proceedings relating to overridden arrangements

s.119 Transitional provisions

s.119 Transitional provisions in respect of drugs or appliances supplied in accordance with SSPs

s.120 Amendments and revocations

s.121 Review of these Regulations

148 other schedules

s.sch001 Necessary services: current provision

s.sch001 Necessary services: gaps in provision

s.sch001 Other relevant services: current provision

s.sch001 Improvements and better access: gaps in provision

s.sch001 Other NHS services

s.sch001 How the assessment was carried out

s.sch001 Map of provision

s.sch002 Information to be included in all routine and excepted applications

s.sch002 Nature of details to be supplied

s.sch002 Relevant information or documentation

s.sch002 Failure to provide undertakings or fees

s.sch002 Functions of NHS England in relation to fitness information relevant to applications: aggregation of information

s.sch002 Deferral of notifiable applications prior to notification

s.sch002 Refusal of notifiable applications prior to notification because of the language requirement for some NHS pharmacists

s.sch002 Refusal of notifiable applications on fitness grounds prior to notification

s.sch002 Proposed new pharmacy premises in controlled localities: refusal of routine applications because of preliminary matters prior to notification

s.sch002 Applications requiring notifications

s.sch002 Notification procedure for notifiable applications

s.sch002 Information to be included in all routine and excepted applications for inclusion in a pharmaceutical list

s.sch002 Parallel notifications

s.sch002 Content of notifications

s.sch002 Flexibility with regard to determining or deferring applications

s.sch002 Additional matters for consideration in relation to applications for inclusion in a pharmaceutical list

s.sch002 Action following deferrals

s.sch002 Oral hearings

s.sch002 Persons barred from taking part in decision making on routine and excepted applications

s.sch002 Timetable for determining applications

s.sch002 Notification of decisions on routine and excepted applications

s.sch002 Template notice of commencement to be included with a notice of decision

s.sch002 Template notice of consolidation

s.sch002 Fitness information about individuals: routine and excepted applications for inclusion in a pharmaceutical list

s.sch002 Third party rights of appeal to the Secretary of State where an application is granted

s.sch002 Conditional grant of applications where the address of the premises is unknown

s.sch002 Changes to the premises specified in an application after its grant but before the listing of the premises

s.sch002 Conditional grant in cases relating to future needs or future improvements or better access

s.sch002 Taking effect of listing decisions: general

s.sch002 Taking effect of decisions relating to business consolidations

s.sch002 Notice requiring the commencement of pharmaceutical services

s.sch002 Appeals to the Secretary of State by the applicant

s.sch002 Fitness information about corporate bodies: routine and excepted applications for inclusion in a pharmaceutical list

s.sch002 Fitness information that has already been provided under pharmaceutical or local pharmaceutical services

s.sch002 Updating of information about or relating to a superintendent

s.sch002 Applications seeking the listing of premises that are already, or are in close proximity to, listed chemist premises

s.sch002 Additional information to be included with routine applications

s.sch002 Additional information to be included with excepted applications

s.sch002 Undertakings

s.sch003 Determination of third party appeal rights in certain cases

s.sch003 Notification of decisions and subsequent action by NHS England

s.sch003 Effect of decisions by the Secretary of State

s.sch003 Misconceived appeals

s.sch003 Notification of appeals notices under paragraph 30, 32(5) or 36 of Schedule 2

s.sch003 Notification of appeals relating to notices under regulation 45

s.sch003 Notification of appeals relating to decisions under Part 8 of these Regulations

s.sch003 Non notification of appeals relating to notices under regulation 77 or 98

s.sch003 Flexibility with regard to the manner of determining appeals

s.sch003 Oral hearings

s.sch003 Decisions of the Secretary of State

s.sch004 Further activities to be carried out in connection with the provision of dispensing services

s.sch004 Basic procedure in respect of unwanted drugs

s.sch004 Prescription linked intervention

s.sch004 Breaches by directors and superintendents

s.sch004 Matters to be considered when issuing directions in respect of pharmacy premises core opening hours

s.sch004 Temporary opening hours and closures during an emergency requiring the flexible provision of pharmaceutical services

s.sch004 Pharmacy opening hours: arrangements while a disease is or in anticipation of a disease being imminently pandemic etc.

s.sch004 Flexible provision of relevant immunisation services during a pandemic etc.

s.sch004 Clinical governance and the promotion of healthy living

s.sch004 Essential services

s.sch004 Supply in accordance with a PTP or a PTPGD

s.sch004 Supply in accordance with a LPIV

s.sch004 Urgent supply without a prescription

s.sch004 Sub-contracting aspects of dispensing under “hub and spoke” arrangements

s.sch004 Objection to and discontinuation of hub and spoke arrangements

s.sch004 Hub and spoke arrangements: sharing of “relevant data” between different businesses

s.sch005 Additional requirements in relation to specified appliances

s.sch005 Signposting

s.sch005 Matters to be considered when issuing directions in respect of core opening hours

s.sch005 Determination of core opening hours instigated by NHS England

s.sch005 Determination of core opening hours instigated by the NHS appliance contractor

s.sch005 Temporary open hours and closures during an emergency requiring the flexible provision of pharmaceutical services

s.sch005 Breaches by directors

s.sch005 Dispensing of appliances

s.sch005 Urgent supply without a prescription

s.sch006 Dispensing of drugs and appliances ordered by another prescriber

s.sch006 Dispensing of drugs and appliances ordered by the dispensing doctor

s.sch006 Supply in accordance with a SSP

s.sch006 Supply in accordance with a PTP or a PTPGD

s.sch006 Supply in accordance with a LPIV

s.sch006 Charge exemption and remission of charges: declarations and checks

s.sch006 Checks and records in the case of supply in accordance with a SSP

s.sch006 Sub-contracting aspects of dispensing under “hub and spoke” arrangements

s.sch006 Objection to and termination of hub and spoke arrangements

s.sch006 Hub and spoke arrangements: sharing of “relevant data” between different businesses

s.sch006 Refusal to provide drugs or appliances ordered

s.sch006 Complaints procedures

s.sch007 Accessing summary care records

s.sch007 Electronic Prescription Service access

s.sch007 Contact via NHS.net Connect and the Central Alerting System

s.sch007 Inducements etc

s.sch007 Charges for drugs, appliances and containers, and ownership of containers

s.sch007 Remuneration, overpayments etc

s.sch007 Dispute resolution: non-NHS contracts

s.sch007 NHS dispute resolution procedure

s.sch007 Determination of dispute

s.sch007 Disputes: supplemental

s.sch007 Variation of LPS schemes

s.sch007 Termination by agreement

s.sch007 Termination by serving notice

s.sch007 Termination of arrangements by NHS England on grounds of suitability etc

s.sch007 Termination by NHS England: patient safety and material financial loss

s.sch007 Termination and the NHS dispute resolution procedure

s.sch007 Third party rights

s.sch007 Supply in accordance with a LPIV

s.sch007 Urgent supply without a prescription

s.sch007 Preliminary matters before providing ordered drugs or appliances

s.sch007 Sub-contracting aspects of dispensing under “hub and spoke” arrangements

s.sch007 Objection to and discontinuation of hub and spoke arrangements

s.sch007 Hub and spoke arrangements: sharing of “relevant data” between different businesses

s.sch008 (1) Any fees and allowances payable to NHS pharmacists for...

s.sch008 (1) Any fees and allowances payable to NHS appliance contractors...

s.sch009 The continuity principles

s.sch009 Gradual introduction of the provision of pharmaceutical services by doctors

s.sch009 Giving effect to listing decisions: pharmaceutical lists and dispensing doctor lists

s.sch009 Pharmaceutical lists, EPS lists and dispensing doctor lists: continuity of entries and decisions

s.sch009 Service provision issues: NHS chemists

s.sch009 Service provision issues: dispensing doctors

s.sch009 LPS schemes: replacement of Primary Care Trusts with NHS England and service provision issues

s.sch009 Notification of LPS designations and completion of reviews

s.sch009 The application of Group 12 of Schedule 8 to the Value Added Tax Act 1994

s.sch009 Listing applications under the 2005 Regulations: NHS chemists

s.sch009 Listing applications under the 2012 Regulations: NHS chemists

s.sch009 Listing applications under the 2005 Regulations: dispensing doctors

s.sch009 Listing applications under the 2012 Regulations: dispensing doctors

s.sch009 Outstanding cases relating to dispensing contractor lists

s.sch009 Controlled localities

s.sch009 Reserved locations

s.sch009 Gradual discontinuation of the provision of pharmaceutical services by doctors

s.sch010 Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000

s.sch010 Revocation of the National Health Service (Local Pharmaceutical Services) Amendment Regulations 2012

s.sch010 Revocation of the National Health Service (Pharmaceutical Services) Regulations 2012 and of amendments to those Regulations

s.sch010 Amendment of the Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch Arrangements etc.) Regulations 2012

s.sch010 Revocation of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002

s.sch010 Revocation of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002

s.sch010 Revocation of the National Health Service (Pharmaceutical Services) Amendment Regulations 2005

s.sch010 Revocation of the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 and amendments to those Regulations

s.sch010 Revocation of the National Health Service (Pharmaceutical Services) (Amendment) Regulations 2006

s.sch010 Amendments to the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009

s.sch010 Revocation of the National Health Service (Pharmaceutical Services and Local Pharmaceutical Services) Amendment Regulations 2009

s.sch010 Revocation of the National Health Service (Pharmaceutical Services and Local Pharmaceutical Services) (Amendment) Regulations 2010