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The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1999

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Scottish Statutory Instruments

1999 No. 57

NATIONAL HEALTH SERVICE

The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1999

Made

10th September 1999

Laid before the Scottish Parliament

10th September 1999

Coming into force

1st October 1999

The Scottish Ministers, in exercise of the powers conferred on them by sections 2(5), 27, 28(1), 28A, 105(7), 106(a), 108(1) and Schedule 1, paragraph 11(b) and (c) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1999 and shall come into force on 1st October 1999.

(2) In these Regulations “the principal Regulations” means the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995(2)

General amendment of the principal Regulations

2.  In the following regulations after the word “Board” in each place where it occurs there is inserted “or primary care NHS Trust”–

  • regulation 6 (provisional pharmaceutical list);

  • regulation 7 (removal from and amendment to pharmaceutical list);

  • regulation 8 (schemes for securing proper pharmaceutical services);

  • regulation 9 (payments to pharmacists and standards of drugs and appliances)(3)

  • regulation 11 (publication of particulars)(4)

Amendment of regulation 2 of the principal Regulations

3.  In regulation 2(1) of the principal Regulations (interpretation and application)–

(a)after the definition of “additional professional services” there is inserted–

“the Agency” means the Common Services Agency for the Scottish Health Service constituted under section 10 of the Act;(5)

(b)after the definition of “pharmacist contractor” there is inserted–

“primary care NHS trust” means an NHS trust to which certain functions referred to in section 12AA of the Act are delegated by the Board;(6)

Amendment of regulation 3 of the principal Regulations

4.  In regulation 3 of the principal Regulations (pharmaceutical services)–

(a)in paragraphs (7), (8), (10) and (11) after the word “Board” there is inserted “or primary care NHS trust”;

(b)in paragraph (8)(a) for the words “Chief Administrative Pharmaceutical Officer and its Chief Administrative Medical Officer and” there is substituted “most senior pharmaceutical and medical advisers and the”.

Amendment of regulation 5 of the principal Regulations

5.  In regulation 5 of the principal Regulations (pharmaceutical list)–

(a)in paragraphs (1), (2), (3)(b), (4), (5), (6), (8), (10), (12), (13) and (14) after the word “Board” in each place where it occurs and in paragraph (7) in the first place where that word occurs there is inserted “or primary care NHS trust”;

(b)in paragraph (7) for the words “Chief Administrative Pharmaceutical Officer of the Board” there is substituted “most senior pharmaceutical adviser, or equivalent of the Board, or primary care NHS trust”;

(c)in paragraph (8) for the word “relation” there is substituted “relocation”.

Amendment of Schedule 1 to the principal Regulations

6.—(1) Schedule 1 to the principal Regulations (terms of service of pharmacists) is amended in accordance with this regulation.

(2) In paragraph 1 (interpretation)–

(a)in sub-paragraph (a) for the definition of “prescription form” there is substituted–

“prescription form” means a form provided by the Agency for issue by a doctor or dentist or nurse prescriber to enable a person to obtain pharmaceutical services;;

(b)in sub-paragraph (b) after the word “Board” there is inserted “or primary care NHS trust”.

(3) In the following paragraphs, after the word “Board” in each place where it occurs there is inserted “or primary care NHS trust”–

  • paragraph 2 (incorporation of provisions of regulations etc.);

  • paragraph 6 (names of registered pharmacists);

  • paragraph 7 (drugs, etc. to be supplied without charge);

  • paragraph 8 (method of payment);

  • paragraph 9 (withdrawal from pharmaceutical list);

  • paragraph 11 (records to be made available).

(4) In paragraph 4(1) (premises and hours of business)–

(a)after the word “Board's” there is inserted “or primary care NHS trust's”;

(b)after the word “Board” there is inserted “or primary care NHS trust”;

(5) In paragraph 5(2)(a) after the word “Board” in the first place where it occurs there is inserted “or primary care NHS trust”(7)

(6) In paragraph 9B after the word “Board” in each place where it occurs there is inserted “or primary care NHS trust”(8)

Amendment of Forms A in Schedule 2 to the principal Regulations

7.—(1) In Schedule 2 to the principal Regulations, Forms A (application for inclusion in the pharmaceutical list – for use by pharmacists)(9) and (application for inclusion in the pharmaceutical list – for use by persons other than pharmacists) are amended in accordance with this regulation.

(2) After the words “HEALTH BOARD” where they occur in each form there is inserted “/PRIMARY CARE NHS TRUST*”.

(3) In paragraph 4 in each form after the word “Board” there is inserted “/primary care NHS trust*”.

(4) In paragraph 5(b)(iii) of Form A (application for inclusion in the pharmaceutical list – for use by pharmacists) after the word “board's” there is inserted “/primary care NHS trust's*”.

(5) In paragraph 5(b)(iii) of Form A (application for inclusion in the pharmaceutical list – for use by persons other than pharmacists) after the word “Board's” there is inserted “/primary care NHS trust's*”.

(6) In note (3) in Form A (application for inclusion in the pharmaceutical list – for use by pharmacists) and in note (2) in Form A (application for inclusion in the pharmaceutical list – for use by persons other than pharmacists) after the word “Board” there is inserted “/primary care NHS trust*”.

Amendment of Form A (MR) in Schedule 2 to the principal Regulations

8.—(1) In Schedule 2 to the principal Regulations, Form A (MR) (application for minor relocation of pharmacy premises) is amended in accordance with this regulation.

(2) After the words “HEALTH BOARD” there is inserted “/PRIMARY CARE NHS TRUST*”.

(3) In paragraph 4 after the word “Board” there is inserted “/primary care NHS trust*”.

(4) In notes (2) and (4) after the word “Board” there is inserted “/primary care NHS trust*”.

Amendment of Form B in Schedule 2 to the principal Regulations

9.—(1) In Schedule 2 to the principal Regulations, Form B (notification of information not given on Form A/Form A (MR) – for use by pharmacists) is amended in accordance with this regulation.

(2) After the words “HEALTH BOARD” there is inserted “/PRIMARY CARE NHS TRUST*”.

(3) In paragraph 6 after the word “Board” there is inserted “/primary care NHS trust*”.

(4) In note (2) after the word “Board” there is inserted “/primary care NHS trust.*”.

Amendment of Form B in Schedule 2 to the principal Regulations

10.—(1) In Schedule 2 to the principal Regulations, Form B (notification of information not given on Form A/Form A (MR) – for use by persons other than pharmacists) is amended in accordance with this regulation.

(2) After the words “HEALTH BOARD” there is inserted “/PRIMARY CARE NHS TRUST*”.

(3) In paragraph 5 after the word “Board” there is inserted “/primary care NHS trust*”.

(4) In note (2) after the word “Board” there is inserted “/primary care NHS trust.*”.

Amendment of Forms C in Schedule 2 to the principal Regulations

11.—(1) In Schedule 2 to the principal Regulations, Forms C (notification of inclusion in pharmaceutical list – for notification to pharmacists) and (notification of date of entry on pharmaceutical list – for notification to persons other than pharmacists) are amended in accordance with this regulation.

(2) After the word “Board's” where it occurs in each form there is inserted “/primary care NHS trust's*”.

(3) After the words “Health Board” where they occur in each form there is inserted “/primary care NHS trust.*”.

Amendment of Form D in Schedule 2 to the principal Regulations

12.  In Schedule 2 to the principal Regulations, in Form D (notification of date of inclusion in provisional pharmaceutical list – for notification to pharmacists) after the words “Health Board” there is inserted “/primary care NHS trust.*”.

Amendment of Schedule 3 to the principal Regulations

13.—(1) Schedule 3 to the principal Regulations (procedure on applications to the Board under regulation 5(10)) is amended in accordance with this regulation.

(2) In the heading, after the word “BOARD” there is inserted “OR PRIMARY CARE NHS TRUST”.

(3) In paragraphs 1, 2, 3, 4(1), (2), (4), (5) and (8) after the word “Board” in each place where it occurs there is inserted “or primary care NHS trust”.

(5) In paragraph 4(1) after the word “Board's” there is inserted “or primary care NHS trust's”.

Amendment of Schedule 4 to the principal Regulations

14.—(1) Schedule 4 to the principal Regulations is amended in accordance with this regulation.

(2) In Part I of Schedule 4 (pharmacy practices committee), in paragraphs 1, 2, 3, 6(5) and 7 after the word “Board” in each place where it occurs there is inserted “or primary care NHS trust”.

(3) In Part II of Schedule 4 (national appeal panel)–

(a)in paragraphs 9(1), 11(2) and (3) and 15(3), after the word “Board” in each place where it occurs there is inserted “or primary care NHS trust”.

(b)in paragraph 10(1), after the words “Health Boards,” there is inserted “or primary care NHS trusts,”.

SUSAN C DEACON

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

10th September 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (S.I.1995/414) (“the principal Regulations”) which govern the arrangements to be made by Health Boards for the provision in their area of pharmaceutical services under the National Health Service (Scotland) Act 1978 (c. 29).

These Regulations amend the principal Regulations to insert reference where appropriate to primary care NHS trusts, which in most areas take over responsibility for pharmaceutical services provided by NHS community pharmacy contractors. Regulation 3(a) inserts a definition of “the Agency” into the principal Regulations. Regulation 3(b) inserts a definition of “primary care NHS trust” into the principal Regulations. Regulation 5(c) corrects a previous error. Regulation 6(2)(a) substitutes a new definition of “prescription form” in Schedule 1 to the principal Regulations (terms of service of pharmacists) to reflect the transfer of responsibility to the Common Services Agency for the provision of prescription stationery.

(1)

1978 c. 29; section 27 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66) (“the 1986 Act”), section 3(3), by S.I.1987/2202, by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(7), by the Medicinal Products; Prescription by Nurses etc. Act 1992 (c. 28), section 3, and by the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 44, and is to be read with the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 17; section 28(1) was amended by the 1986 Act, section 3(4); section 28A was substituted by the Health Act 1999 (c. 8) (“the 1999 Act”), section 57; section 105(7), which contains provisions relevant to the making of Regulations, was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24 and by the 1999 Act, Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I.1995/414, relevant amending instruments are S.I.1996/840 and 1997/696.

(3)

Regulation 9 was amended by S.I.1997/696.

(4)

Regulation 11 was amended by S.I.1997/696.

(5)

Section 10 was amended by the Health Act 1999 (c. 8), Schedule 4, paragraph 44.

(6)

Section 12AA was inserted into the National Health Service (Scotland) Act 1978 (c. 29) by the Health Act 1999 (c. 8) section 47.

(7)

Paragraph 5 was amended by S.I.1996/840.

(8)

Paragraph 9B was inserted by S.I.1996/840.

(9)

Form A (application for inclusion in the pharmaceutical list – for use by pharmacists) was amended by S.I.1997/696.

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