National Health Service (Scotland) Act 1978

Prospective

[F1 17U Other mandatory contract terms: pharmaceutical care services contracts S

(1) A pharmaceutical care services contract must include (in addition to provisions required by or under other provisions of this Part) such provision as may be prescribed.

(2) Regulations under subsection (1) may in particular—

(a) make provision as to the manner in which, and the standards to which, services must be provided;

(b) provide that the Scottish Ministers may give directions as to the manner in which, and the standards to which, services must be provided;

(c) make provision as to—

(i) the persons who are to perform services;

(ii) the area in which services are to be provided;

(iii) the persons to whom services are to be provided;

(iv) requirements to be complied with where a contractor provides any pharmaceutical care services indirectly (including requirements as to the pharmaceutical care services which may or may not be so provided);

(v) the variation of terms of the contract (except terms required by or under this Part);

(vi) rights of entry and inspection (including inspection of clinical records and other documents);

(vii) the circumstances in which, and the manner in which, the contract may be terminated;

(viii) enforcement;

(ix) the adjudication of disputes.

(3) Regulations making provision in pursuance of subsection (2)(c)(iii) may make provision as to the circumstances in which a contractor—

(a) must, or may, accept a person as a person to whom services are provided under the contract;

(b) may decline to accept a person as such a person; or

(c) may terminate the contractor's responsibility for a person.

(4) Regulations making provision in pursuance of subsection (2)(c)(v) may—

(a) make provision as to the circumstances in which a Health Board may unilaterally vary the terms of a contract;

(b) make provision suspending or terminating any duty under the contract to provide services of a prescribed description.

(5) Regulations making provision of the kind described in subsection (4)(b) may prescribe services by reference to the manner or circumstances in which they are provided.

(6) A pharmaceutical care services contract must contain provision requiring the contractor to comply with directions for the time being in force given by the Scottish Ministers under regulations under subsection (1).]

Textual Amendments

F1 Ss. 17Q-17V and cross-heading substituted for s. 17Q (prosp.) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 21, 43(3)