Successful Relocation After NHS England Refusal due to Regulation 31
We were recently asked to take over the representation of a client who was attempting to move a very short distance within the same area (less than 100 metres). The client had instructed a firm of solicitors to act for them, but despite this NHS England had refused their application and decided that regulation 31 applied. In essence, regulation 31 applies if you try to relocate to or adjacent to premises where there is already a pharmacy in existence. When such a pharmacy exists, the NHS has to consider whether it is reasonable to treat the services provided by the Applicant as being the same as those provided by the other pharmacy contractor. The wording of the Regulations is not very clear and we felt that NHS England had failed to understand the wording properly and had ignored guidance from the High Court. The Applicant asked us to take over the case from their solicitors and we successfully appealed the decision on their behalf.