The National Health Service (Pharmaceutical Services) Regulations 2012 (Amendment) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Pharmaceutical Services) Regulations 2012 (“the 2012 Regulations”) which govern the arrangements for the provision of pharmaceutical services under Chapter 1 of Part 7 of the National Health Service Act 2006.

A new definition of “director” is inserted into regulation 2 of the 2012 Regulations. This provides that members of limited liability partnerships are to be considered as “directors” for the purposes of the 2012 Regulations, which include obligations relating to directors of bodies corporate.

Paragraph 30 of Schedule 2 to the 2012 Regulations deals with third party appeal rights against decisions by Primary Care Trusts to grant most types of applications to allow for the provision of NHS pharmaceutical services from new pharmacy premises, as well as third party appeal rights against decisions to grant some applications relating to existing pharmacies such as change of ownership applications. Paragraph 30 is amended so that third party appeal rights are potentially given to chemists who were notified of the decision, if they are providers of what are known as ‘local pharmaceutical services’ under contractual arrangements with Primary Care Trusts. Third party appeal rights are also potentially given to individual general practitioners and to medical practices made up of general practitioners, if they were notified of the Primary Care Trust’s decision and the “prejudice” test (a particular test applied to applications for new pharmacy premises in rural areas) was considered in the course of the taking of the decision on the application.

If the original application was subject to local consultation, in due course these new rights of appeal will only apply subject to a proviso that the chemist, practitioner or practice also made a reasonable attempt to oppose the application before it was granted. However, for these new categories of potential appellants, this proviso will only apply in relation to decisions on applications that were subject to a local consultation that began on or after the date on which these Regulations come into force.

Schedule 6 to the 2012 Regulations deals with the terms of service of dispensing doctors. Paragraph 6 of that Schedule, which relates to the reasons why a dispensing doctor may refuse to provide drugs or appliances ordered on a prescription, is amended to insert a missing word which was left out in error.