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Opening Hours

Pharmacy Opening Hours

This section contains guidance on:

• Opening hours requirements
• Changes to Core Contractual Hours
• Changes to Supplementary Hours
• Background to Bank Holiday Opening Hours
• Notification of opening intentions on Bank Holidays
• Applications / Notifications for change on ‘special’ days
• Changes to Opening Hours prior to Bank Holidays
• Examples of completed Forms

Note:  During 2010, special arrangements may be needed to prepare for Sunday 26 December 2010 and Saturday 1 January 2011. See below

Opening hours requirements

The PSNC position during negotiation of the community pharmacy contractual framework introduced in 2005 was to improve the control that pharmacy contractors have over their opening hours (particularly as many GP practices were opting not to undertake Saturday or out of hours work), but also to provide maximum confidence for PCTs that the pharmaceutical needs in their areas will be delivered consistently.  Therefore a pharmacy has 40 core contractual hours (or 100 for those that have opened under that exemption from the necessary or expedient test), which cannot be amended without the consent of the PCT together with supplementary hours, which are all the additional opening hours, which can be amended by the pharmacy with 90 days notice (or less if the PCT consents).

There is also a provision which allows a pharmacy to apply to open for less than 40 hours, but if the PCT does grant such an application, it can specify which opening hours the pharmacy must open.

The terms of service require every pharmacy to send a return to the PCT on request, specifying the opening hours (both core contractual and supplementary hours).  This should not be needed as a matter of routine, since all pharmacies that were open before 1 April 2005 were required to send during 2005 a return specifying their opening hours.  Pharmacies opening after that date were required to specify their opening hours in their applications.  But, a PCT may use this power to request a return, if there is any doubt about the actual opening hours.

In addition to the above regular opening hours, a PCT can commission an out of hours Enhanced service.  This service may operate under rota arrangements throughout the year, or could be limited to bank holidays.  For many pharmacies, participation in such arrangements is voluntary, but those pharmacies which open under the exemptions for 100 hour pharmacies, those in approved large retail areas, and those in one stop primary care centres may be required by the terms of their application, to provide any Enhanced services that were agreed during the course of the application.

As a fall back position, if the needs of people in the area are not met, and no pharmacies are able or willing to participate in a locally commissioned out of hours Enhanced service, the PCT has the power to issue a direction requiring the pharmacy to open, but must if doing so ensure the pharmacy receives reasonable remuneration.  The process of issuing such a direction begins with discussions with the LPC and the affected contractors must be contacted by the PCT and the proposals outlined so that the contractor can make representations.  There are rights of appeal against PCT decisions to issue such directions, and the direction would be valid only if the statutory procedure is followed.  If you need advice on such a direction, consult your LPC (which the PCT is required to consult before issuing such directions).

To summarise, pharmacy contractors are required to be open for 40 core contractual hours a week for the provision of pharmaceutical services. The key exception to this mandatory requirement are pharmacies who opened under the exemption from the necessary or expedient test, where they are required to be open for at least 100 hours a week for the provision of pharmaceutical services. The only other exception to this rule are pharmacies which have made a successful application to their PCT for permission to provide pharmaceutical services for less than 40 contractual hours a week.

Changes to Core Contractual Hours

Pharmacies wishing to amend the distribution of their 40 core contractual hours must apply to their Primary Care Trust.  PSNC has produced a template application letter (see below) although the use of this form is not mandatory.

Application to amend Core Hours Form (MS Word e-form)

Application to amend Core Hours Form (pdf)

The MS Word e-form can be completed electronically; the PDF form can be printed and then completed by hand. Either form can be submitted to the PCT by the pharmacy contractor.

If the change is to be temporary (for example adjacent to bank holidays), then indicate this on the form.

The PCT should consider and determine applications within 60 days, and changes, where approved, can be implemented 30 days later (90 days after the application).  Because requests to amend core contractual hours are ‘applications’ a PCT could refuse, so an unsuccessful application may result in an appeal. 

It is vital to the success of an application to set out sufficient information about any changes to the needs of people who may use the pharmacy.  Changes to the local surgery hours, opening or closures of neighbouring pharmacies, are factors that may be taken into account, and to maximise the chance of success in the application, provide as much factual information as possible.

Where core contractual hours are amended, there is still the requirement to open for 40 (or 100) core contractual hours during the week - so applying to close on one day, or to close early will necessitate an increase in core hours on another day that week.  If the pharmacy normally opens for more than 40 hours (i.e. by having supplementary hours) then the change to the distribution of the core contractual hours might be effected by changing some of the supplementary hours to core contractual hours. 

The appeals process can be lengthy, so additional time should be allowed, in case this is needed.  The Family Health Services Appeal Unit, (FHSAU) a part of the National Health Service Litigation Authority (NHSLA) could grant or refuse the application and it is important to note that until a PCT (or on appeal the FHSAU) has granted an application, all pharmacies are required by the Terms of Service to open for their previously stated core contractual hours.  If a 100 hours pharmacy fails without good cause to open for their stated 100 hours, every week, the PCT may be required to remove them from the Pharmaceutical List.

Changes to Supplementary Hours

Pharmacies wishing to amend any supplementary hours that they open additional to the 40 (or 100) core contractual hours must notify their Primary Care Trust, giving at least 90 days notice of the intended change. The PCT may consent to a shorter period of notice - but because that consent may not be forthcoming, try to ensure that plans are made sufficiently in advance.  The discretion to permit less than 90 days notice for changes to supplementary hours is most likely to be exercised where the pharmacy is seeking to align more closely, the pharmacy opening hours with the pharmaceutical needs in the neighbourhood - for example, if a local surgery extends its hours.  In this case, if the pharmacy intends to modify its supplementary hours to match the new hours of the surgery, the PCT may be keen to ensure this happens with minimal delay.

PSNC has produced a template notification letter (see below) although the use of this form is not mandatory.

Notification to amend Supplementary Hours Form (MS Word e-form)

Notification to amend Supplementary Hours Form (pdf)

The MS Word e-form can be completed electronically; the PDF form can be printed and then completed by hand. Either form can be submitted to the PCT by the pharmacy contractor.

There is no requirement for the PCT to grant applications for changes to supplementary hours – the pharmacy has the right to amend hours so long as 90 days notice is given.

Background to Bank Holiday Opening Hours

A pharmacy must open to provide pharmaceutical services for its core contractual and supplementary hours each week.  But, where the pharmacy would ordinarily be open on a day which is Good Friday, Easter Sunday, Christmas Day or a bank holiday, the hours that it would ordinarily be open will, on those days, be treated as having been open for the purpose of counting the core contractual hours that week.  This means a pharmacy that has 8 core contractual hours on Monday to Friday, will, during the week leading up to Easter, be open for 8 hours on Monday to Thursday making 32 hours in total, and may close on Good Friday, because the 8 hours that the pharmacy is ordinarily open on a Friday are counted towards the 40 hours requirement, irrespective of whether the pharmacy is open.  These are straightforward provisions, but the way that bank holidays are declared does cause some anomalies.

In England, the days that a pharmacy will not normally be required to open are:

• New Year’s Day
• Good Friday
• Easter Sunday
• Easter Monday
• Early May Bank Holiday
• Spring Bank Holiday
• Summer Bank Holiday
• Christmas Day
• Boxing Day

On these days, the core contractual hours that would have ordinarily been covered and at the times at which it would have ordinarily been open are counted towards the 40 hours a week (or 100 hours for pharmacies that opened under that exemption) core contractual requirement without the pharmacy having had to open on those days and at those times.

The NHS Regulations provide that Good Friday, Easter Sunday and Christmas day are always treated in this way.

 But, for the other days, the status of the day depends on whether it has been formally declared as a bank holiday - or whether a substitute day has been introduced.  Up to date information can be found on the government's business website.

Because these bank holidays may vary from year to year, pharmacies need to plan ahead and identify precisely which day is declared as the bank holiday.  New Years Day and Boxing Day fall on 1 January and 26 December, but the declared bank holidays for those two days may be different, if the day falls at the weekend.  Unless the day is declared as the bank holiday, a pharmacy would be obliged to open on these days, if they would ordinarily be open on that day of the week.

During 2010, special arrangements may be needed to prepare for Sunday 26 December 2010 and Saturday 1 January 2011. See below

Notification of opening intentions on Bank Holidays

Pharmacy contractors are encouraged to inform their PCT whether their premises will be open on Bank Holidays. This information is obviously of critical importance to PCTs in order that they are able to plan pharmacy provision during holiday periods.  If PCTs are not able to determine the opening hours of pharmacies, with a high degree of certainty, their option may be to issue directions to one or more pharmacies, requiring them to open.  This clearly is not in the best interests of pharmacies if there are other suitable pharmacies that would have been open – so PSNC recommends that all pharmacies notify their intentions – and then open as they have notified.

The following Microsoft Word e-forms can be used by pharmacy contractors to notify their intended Bank Holiday opening hours to the PCT. The forms can be filled out electronically using MS Word. Alternatively the form can be printed off from the PDF version and filled out by hand.

Form BH2010 (MS Word e-form)

Form BH2010 (PDF File)

Form BH2011 (MS Word e-form)

Form BH2011 (PDF File)

Applications / Notifications for change on ‘special’ days

As mentioned earlier, some days are treated specially for the purpose of declaring bank holidays – this has a profound effect on whether pharmacies are required to open (or make applications if they wish to seek permission to close).

Pharmacies are not required to open on Christmas Day, in order to meet their contractual hours, unless the PCT has issued a direction requiring the pharmacy to open, or if the pharmacy has contracted to provide an out of hours Enhanced service on that day. Those that are considering opening on Christmas Day should be aware of the Christmas Day (Trading) Act 2004 which prohibits large retail shops from opening on Christmas Day (large means greater than 280 square metres). Therefore:

• Small pharmacies (i.e. not exceeding 280 sq m.) can open;
• Large pharmacies that are not open for the retail sale of any goods other than medicinal products and medical and surgical appliances can open;
• A large pharmacy which is able to make arrangements to prevent the sale of items other than medicinal products and medical and surgical appliances could open.

Breach of the Act could lead to a fine of up to £50,000.

Boxing Day 2010

In 2010, the official Boxing Day Bank Holiday has been declared to be Tuesday 28 December, as 26 December falls on a Sunday and it is not customary to declare Bank Holidays at weekends. Pharmacies that are normally open on Sundays will need to notify the PCT (with at least 90 days notice) if they intend to close on 26 December 2010 (if the hours are all supplementary), or apply (at least 90 days in advance) for permission to change core contractual hours (if the Sunday hours include core contractual hours).

PSNC would also like to highlight that the application/notification deadline to change core contractual/supplementary hours respectively, for Sunday 26 December 2010 is Saturday 25 September 2010, but as this is not a working day, notification should be submitted to the PCT no later than Friday 24 September 2010 – and if there is a need to amend core contractual hours, additional time should be allowed in case of a need to appeal against refusal by the PCT.  Pharmacy contractors should note that unless the PCT (or on appeal the FHSAU) has granted an application to amend core contractual hours, the pharmacy would be required to open on Sunday 26 December 2010 if the pharmacy has core contractual hours on a Sunday.

New Years Day 2011

In 2011, the official New Years Day Bank Holiday has been declared to be Monday 3 January, as 1 January falls on a Saturday and it is not customary to declare Bank Holidays at weekends. Pharmacies that are normally open on Saturdays will need to notify the PCT (with at least 90 days notice) if they intend to close on 1 January 2011 (if the hours are all supplementary), or apply (at least 90 days in advance) for permission to change core contractual hours (if the Saturday hours include core contractual hours).

PSNC would also like to highlight that the application/notification deadline to change core contractual/supplementary hours respectively, for Saturday 1 January 2011 is Sunday 3 October 2010, but as this is not a working day, notification should be submitted to the PCT no later than Friday 1 October 2010 – and if there is a need to amend core contractual hours, additional time should be allowed in case of a need to appeal against refusal by the PCT.  Pharmacy contractors should note that unless the PCT (or on appeal the FHSAU) has granted an application to amend core contractual hours, the pharmacy would be required to open on Saturday 1 January 2011 if the pharmacy has core contractual hours on a Saturday.

 Changes to Opening Hours prior to Bank Holidays

PSNC would like to remind pharmacy contractors that contractual/supplementary hours can be changed by the application to/notification of the PCT respectively, ensuring that in both instances, at least 90 days notice is given.

It is customary for some pharmacies to close early on Christmas Eve or New Years Eve, but the terms of service require this to be planned, and notified to the PCT 90 days in advance if the hours that are affected by the early closure are supplementary hours, and subject to an application to change, again at least 90 days in advance if the hours are core contractual.

Examples of completed Forms

In order to assist pharmacy contractors to complete their application or notification forms to the PCT as accurately as possible, PSNC has prepared an example form.

This series of forms includes a declaration of the intended opening hours over bank holidays and an application to change core contractual hours and supplementary hours just before a bank holiday.

Example of completed forms (PDF)

Frequently Asked Questions 

1. How have the contracted hours changed under the contractual arrangements introduced in 2005?
Pharmacies are required to open for 40 hours a week unless they get permission from their PCT to open for a shorter period.
Changes of hours will require an application to amend the 40 core contractual hours, or notification with at least 90 days notice to amend hours other than the 40 core contractual hours.

2. What about lunch time?
If pharmaceutical services are not being provided during a lunch period, this period will not count towards the 40 hour (or 100 hour) minimum.

3. What happens if I don't wish to open for 40 hours a week?
Contractors need to apply to the PCT for consent to open for fewer than 40 hours. The PCT will be required to consider the pharmaceutical needs in the area before determining whether to grant such an application. In addition, where the PCT does decide to grant consent to a pharmacy contractor to open for fewer than 40 hours, it is able to direct which hours in the week the pharmacy must open. This may not necessarily be the hours chosen by the pharmacy, so pharmacy contractors should consider carefully, whether to make such an application.

4. Can my PCT force me to open for extra hours over and above my core contractual hours?
Provided the pharmacy is opening for the minimum of 40 hours, the PCT is able to issue a direction to the pharmacy to open for longer hours, but only if it is satisfied that the pharmacy will receive reasonable payment. There is a right of appeal where a PCT directs a pharmacy to open for additional hours.  Pharmacy contractors are advised to contact their LPC if the Primary Care Trust writes to suggest that it is intending to issue such a direction.

5. Can my PCT refuse my application for amendment to my core contractual hours?
The PCT is able to refuse an application to amend the core contractual hours, subject to a right of appeal.  The success of an application will depend on many factors, and pharmacists making applications should ensure they provide good evidence of any changes to the needs of people who may need pharmaceutical services in the area.

A PCT is not able to refuse to accept notification of amendment to hours that the pharmacy opens additional to the core contractual hours, although 90 days notice must be given.

6. Can I notify more than 40 hours as 'core' hours
You would only notify more than 40 hours as 'core contractual' hours if you are a 100 hours pharmacy under the Control of Entry exemptions.

7. When does a week start and end when calculating the hours that a pharmacy is open?
There is currently no interpretative provision in the pharmacy regulations. There are some provisions (the Maternity Regulations) that refer to the week beginning at midnight between Saturday and Sunday, but there are others (the Working Time Regulations) which in relation to the weekly rest periods suggests that the week begins at midnight between Sunday and Monday. PSNC will be working with the Department of Health to determine whether the week should be clarified in the pharmacy regulations. Unless and until there is legislative provision, pharmacies and PCTs should seek to agree how the week will be interpreted.

8. The local surgery has decided to extend its opening hours.  Do I need to give 90 days notice before I increase my supplementary hours to provide cover for those extended hours.
Although 90 days notice is normally required before supplementary hours can be amended, the PCT may consent to less.  Any notification to the PCT of a change to supplementary hours with less than 90 days notice would be treated as an application to the PCT for consent to give shorter notice.  Unless the PCT consents, the change to the hours could not be implemented for 90 days.

Support on Contractual Hours 

Pharmacy contractors can obtain support on issues surrounding contractual hours by contacting PSNC's Aylesbury Office