Step Six – NHS England decision
Once NHS England informs us of the decision we will communicate that to the applicant by email or letter and any Interested Parties confirming any right of appeal and how to make an appeal.
The NHS (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, require NHS England to endeavour to determine an application as soon as is practicable, and unless consideration is deferred or there is good cause for the delay:
- Notifiable applications must be determined within four months
- Non-notifiable applications must be determined within 30 days.
Notifiable applications are those offering:
To meet current or future needs that are included in the relevant pharmaceutical needs assessment (PNA), to secure current or future needs that are included in the relevant PNA, and unforeseen benefits.
They also include relocations that do not result in significant change, distance selling premises, combined changes of ownership and relocations that do not result in significant change, and consolidation applications.
The four month or 30-day clock starts on receipt of the application. It stops if missing information and/or documentation is requested and only restarts once that has been provided, or where an applicant successfully requests a review of the requirement to provide missing information and/or documentation. The clock will also stop where NHS England decides to defer the application, for example on fitness grounds or where it decides to undertake a controlled locality determination in connection with the application.
NHS England may take longer to determine an application where there is a delay in third parties providing information, for example referees fail to respond to a request for a reference.