Exercising a right of return to the pharmaceutical list

A right of return may arise under Regulation 28 of the NHS (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 where a pharmacy contractor has been removed from the pharmaceutical list in certain circumstances — for example, following a successful appeal, or where removal was the result of a procedural error. The right of return is not available in all circumstances and depends on the specific reasons for the original removal. TI Pharmacy Consultancy assesses whether a right of return exists before any application is made.

No. A right of return is a separate and distinct process from a new market entry application. Where a right of return exists, the contractor does not need to demonstrate current need, future need or any other market entry ground. The right is to return to the list, not to make a fresh application. However, the right of return must be exercised correctly and within any applicable timeframe.

Where a right of return exists but the original premises are no longer available, it may be possible to exercise the right of return to alternative premises, subject to regulatory conditions. TI Pharmacy Consultancy advises on the options available in these circumstances.

The timeline depends on the circumstances and whether there are any complications with the application. TI Pharmacy Consultancy manages the process and maintains communication with PCSE and the ICB throughout to minimise delay.

In principle, these are separate processes. TI Pharmacy Consultancy advises on the most appropriate route based on your specific circumstances — including whether a right of return is available and, if so, whether it is preferable to a new market entry application.