The National Health Service (Pharmaceutical Services) Regulations 2005

PART 1 GENERAL

Incorporation of provisions

1.  Any provisions of the following affecting the rights and obligations of pharmacists shall be deemed to form part of the terms of service for pharmacists—

(a) the Regulations;

(b) the Drug Tariff in so far as it lists drugs and appliances for the purposes of section 41 of the Act;

(c) so much of Part II of the National Health Service (Service Committees and Tribunal) Regulations 1992(1) as relates to—

(i) the investigation of questions arising between pharmacists and persons receiving pharmaceutical services and other investigations to be made by the pharmaceutical discipline committee and the joint discipline committee and the action which may be taken by the Primary Care Trust as a result of such investigations, and

(ii) appeals to the Secretary of State from decisions of the Primary Care Trust; and

(d) so much of regulation 3 of the Patients' Forums (Functions) Regulations 2003(2) as relate to the entry and inspection of premises either owned or controlled by the pharmacist or where pharmaceutical services are provided by him.

Division of responsibilities between individuals and corporate bodies

2.—(1) To the extent that this Schedule imposes a requirement on a pharmacist in respect of an activity which could only, or would normally, be undertaken by a natural person—

(a) if the pharmacist is a registered pharmacist—

(i) that registered pharmacist must comply with that requirement, or

(ii) if he employs or engages a registered pharmacist in connection with the provision of pharmaceutical services, that registered pharmacist must either comply with that requirement or secure compliance with that requirement by a registered pharmacist whom he employs or engages; and

(b) if the pharmacist is not a natural person, that pharmacist must secure compliance with that requirement by the registered pharmacists whom he employs or engages,

and references in this Schedule to a pharmacist shall be construed accordingly.

(2) Where this Schedule imposes a requirement on the director or superintendent of a body corporate that is on a pharmaceutical list, breach of that requirement shall be deemed to be a breach by the body corporate of its terms of service.

(1)

S.I. 1992/664.

(2)

S.I. 2003/2124. Regulation 3 has been amended by S.I. 2004/540, 696 and 865.