What does paragraph 4 mean? Legal Jargon?

11 replies
Found 22nd Jun 2009
Applications for inclusion in or amendment to a pharmaceutical list
5. - (1) Subject to paragraph (4), a person, other than a doctor or dentist -



(a) who wishes to be included in a pharmaceutical list for the provision of pharmaceutical services from premises in a Primary Care Trust's area;

(b) who is already included in a pharmaceutical list but wishes -


(i) to open, within a Primary Care Trust's area, additional premises from which to provide the same or different pharmaceutical services,

(ii) to change the premises from which he provides pharmaceutical services to other premises within that area from which he wishes to provide the same or different pharmaceutical services, or

(iii) to provide from his existing premises in that area pharmaceutical services other than those already listed in relation to him; or


(c) who is already included in a pharmaceutical list of a neighbouring Primary Care Trust but wishes to change the premises within the neighbourhood from which he provides pharmaceutical services to other premises in the area of the Primary Care Trust to which he makes an application under this Regulation and -



(i) the change is a minor relocation, and

(ii) the same pharmaceutical services will be provided,


shall apply, in accordance with this regulation, to the Primary Care Trust, providing the information set out in Part 1 of Schedule 4.

(2) A person applying in accordance with paragraph (1)(a) shall provide the information and undertakings specified in Part 3 of Schedule 4.

(3) A person who wishes to be included in a Primary Care Trust's pharmaceutical list -



(a) pursuant to a determination made by the Secretary of State under regulation 4 of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002[50]; or

(b) as a temporary chemist,


shall apply under regulation 10 or 54 (as the case may be), and not under this regulation.

(4) In this Part and in regulation 54 and Schedule 4 and unless the context otherwise requires, "applicant" and "application" shall be construed accordingly.

(5) Where an application has been granted under regulation 6 or 7, no further application may be granted under regulation 6 or 7 in relation to those new premises for a period of 12 months beginning with the date on which the applicant commenced the provision of pharmaceutical services from the new premises unless the Primary Care Trust for good cause allows him to make an application before the end of that period.

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11 Comments

Original Poster

Basically i want to apply to open a pharmacy. In order to do this i have to comply with Part 5 (which i have cut and paste above), paragraph 1 refers to paragraph 4 - what does it mean?

Good Luck, dont know about the above, you getting an 100 hour one?

Banned

Paragraph 4 basically doesnt mean much. All its trying to say is that:

For this Part i.e. Para 5, Regulation 54 and Schedule 4 where it refers to an "applicant" or "application" shall mean applicant and/or application (where applicable) UNLESS the context of any part of Para 5, Regulation 54 and Schedule 4 says otherwise.

Basically it wont effect your application. Hope that makes sense?

Original Poster

Naeem786;5557464

Good Luck, dont know about the above, you getting an 100 hour one?



Thinking about it but the PCT being funny! You work for a PCT?

Original Poster

2sly;5557496

Paragraph 4 basically doesnt mean much. All its trying to say is that:For … Paragraph 4 basically doesnt mean much. All its trying to say is that:For this Part i.e. Para 5, Regulation 54 and Schedule 4 where it refers to an "applicant" or "application" shall mean applicant and/or application (where applicable) UNLESS the context of any part of Para 5, Regulation 54 and Schedule 4 says otherwise. Basically it wont effect your application. Hope that makes sense?



Not really :thinking:

Banned

its basically and addition para for no reason. What its trying to say is that applicant means applicant, application means applicatiopn unless the context of any of the paragraphs alters the meaning of these.

Nothing to worry about really

Original Poster

2sly;5557563

its basically and addition para for no reason. What its trying to say is … its basically and addition para for no reason. What its trying to say is that applicant means applicant, application means applicatiopn unless the context of any of the paragraphs alters the meaning of these.Nothing to worry about really



Thanks.
Also now that I fulfil the requirement for this paragraph, the primary care trust are saying that other paragraphs apply, I cant see any cross reference in the document! Gits!!:x

MANJ_007;5557528

Thinking about it but the PCT being funny! You work for a PCT?



PCT are always like that even when applying for a 100 hour contract and the 40 ones no one will ever sell up their business. You taking over and existing Pharmacy or creating one from scratch?

Original Poster

Naeem786;5557974

PCT are always like that even when applying for a 100 hour contract and … PCT are always like that even when applying for a 100 hour contract and the 40 ones no one will ever sell up their business. You taking over and existing Pharmacy or creating one from scratch?



From Scratch mate, in the process of buying land, planning permission is in, Lets wait and see what happens! They wont let me apply for a 100 hour contract until the building is actually built! Thats gonna waste another 4 months!

MANJ_007;5558098

From Scratch mate, in the process of buying land, planning permission is … From Scratch mate, in the process of buying land, planning permission is in, Lets wait and see what happens! They wont let me apply for a 100 hour contract until the building is actually built! Thats gonna waste another 4 months!



Yep they do that as they want to see all the plans and they also ask/look around the community and also see if any other Pharmacies and near-by and if there is that causes more problems and you will have explain to them how another Pharmacy will benefit as if there is another one near-by which do late openings then is really hard!!

Original Poster

Naeem786;5558138

Yep they do that as they want to see all the plans and they also ask/look … Yep they do that as they want to see all the plans and they also ask/look around the community and also see if any other Pharmacies and near-by and if there is that causes more problems and you will have explain to them how another Pharmacy will benefit as if there is another one near-by which do late openings then is really hard!!



I can provide plans, also doesnt matter what other pharmacies say as i will be applying under the 100 hour exemption, they cant turn it down
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