Change of Ownership
A “change of ownership” under the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 occurs when the legal identity of the pharmacy contractor changes.
Before a change of ownership takes place, the proposed new contractor must submit an application to NHS England under Regulation 26.
Once NHS England has received all required documentation (including fitness to practise information), they must determine the application within 30 days, unless there is good cause for delay.
Common Ownership Scenarios
Not all business transfers count as a change of ownership under the Regulations. The following examples help clarify:
Sale of a Pharmacy Business
If Mr A sells his pharmacy business to Mr B, this is a change of ownership.
➡ A formal application to NHS England is required.
Sole Trader Transfers to a Limited Company
If Mr A transfers his pharmacy business into a limited company (e.g., for retirement planning or limited liability), this is also considered a change of ownership.
➡ An application to NHS England is required.
➡ GPhC must also be notified regarding premises registration and superintendent pharmacist details.
Share Purchase (Company Continues Trading)
If Company A buys the shares of Company B, and Company B continues trading as the pharmacy contractor, this is not usually a change of ownership, because the legal entity has not changed.
However:
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If directors change, NHS England must be notified within 30 days (using the appropriate notification forms).
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GPhC must be informed of any superintendent pharmacist changes.
Share Purchase Followed by Closure of Original Company
If Company A buys Company B’s shares but then closes Company B and Company A takes over trading, the legal identity changes.
➡ This is likely a change of ownership, and an application to NHS England is required.
Key Points for Contractors
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Always assess whether the legal identity of the contractor is changing.
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If in doubt, seek advice early.
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Ensure both NHS England and GPhC notification requirements are met.
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Allow sufficient time for NHS England to determine the application before completion of the sale or transfer.
Please see the detailed change of ownership guide and the Community Pharmacy England Website:
- Change of Ownership April 2024
- Change of ownership – Community Pharmacy England
- New application route to rearrange core opening hours – Community Pharmacy England
