Health and Personal Social Services (Northern Ireland) Order 1972

Changes over time for: Section 63

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Changes to legislation:

Health and Personal Social Services (Northern Ireland) Order 1972, Section 63 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to Article 63:

Instrument amended by 1995 c. 51 s.4 Sch. para.30

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

art. 56(4C)(4D) substituted by S.I. 2002/3135 Sch. 1 para. 16 (This amendment has not been applied as it has been superceded by the substitution of art. 56 by 2004/311 NI 2 art. 3)
art. 61-61E and art. 61F and cross-heading substituted for art. 61 by 2008 c. 2 (N.I.) s. 2(2) (This amending provision is itself amended (13.6.2016) before it comes into force by 2016 c. 26 (N.I.), ss. 9, 20(2))
art. 98(3) added by 2008 c. 2 (N.I.) s. 4(1)
art. 107(1A) inserted by 2008 c. 2 (N.I.) s. 4(4)(b)

Arrangements for pharmaceutical servicesN.I.

63 .F1 [F2 (1) [F3The Department] shall, in accordance with regulations, make arrangements F4... for the[F5 provision] to persons F4... of—

(a)

proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions—

(i)

in providing any service in pursuance of this Order; or

(ii)

in the [F6health care] established in pursuance of section 1 of the National Health Service Act 1977 [1977 c.49] or section 1 of the National Health Service (Scotland) Act 1978 [1978 c.29] ; or

(iii)

in the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony);F7. . .

(b)

listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of such functions;F8. . .

(bb)

[F9listed drugs and medicines and listed appliances which are ordered for those persons by[F10 a pharmacist or] a prescribed description of registered nurse, midwife or health visitor in pursuance of such functions; and]

(c)

[F11such services as may be prescribed;]

[F12and the services provided in accordance with the arrangements are, together with additional pharmaceutical services provided in accordance with [F13arrangements] under Article 63A, referred to in this Order as “pharmaceutical services”.]

[F14(2) Regulations shall provide for securing that arrangements made by [F15the Department] under paragraph (1) will enable persons F16... for whom drugs, medicines or appliances mentioned in that paragraph are ordered as there mentioned[F17, or to whom services mentioned in paragraph (1)(c) are to be provided] to receive them from persons with whom such arrangements have been made.

(2A) F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C) F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2D) F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) Before making any regulations under this Article, the Ministry shall consult such organisations as appear to the Minister to be representative of the pharmaceutical profession.

F19[(4) In this Article “listed” means included in a list for the time being approved for the purposes of this Article by the Department.]

F1mod. by SR 2004/259

F21978 NI 26

F3Words in art. 63(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 33(2)(a); S.R. 2022/102, art. 2(b)

F4Words in art. 63(1) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 33(2)(b); S.R. 2022/102, art. 2(b)

F51991 NI 1

F6Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), s. 34(3), Sch. 6 para. 1(1)(b); S.R. 2009/114, art. 2