The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2004

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2004 and shall come into force on 4th March 2004.

Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995

2.—(1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995(1) are amended as follows.

(2) In regulation 5(1)(2) (pharmaceutical list) after “of” in the first place where it occurs, insert “, subject to the provisions of regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004(3),”.

(3) In regulation 6(1)(4) (provisional pharmaceutical lists) after “included” insert “, subject to the provisions of regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004,”.

(4) In Schedule 1 (terms of service for pharmacists)–

(a) In paragraph 5(2)(a) (dispensing of medicines)(5)–

(i) for “section 29(3)(b)” substitute “sections 29B(2)(b) or 30(2) or (5)”(6); and

(ii) for “section 29(3)(c)” substitute “sections 29B(3) or 30(6)”; and

(b) In paragraph 9(2) (withdrawal from pharmaceutical list)–

(i) for “(disqualification of persons providing services) that the continued inclusion of a pharmacist in the pharmaceutical list would be prejudicial to the efficiency of the service” substitute “(the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification)”; and

(ii) after “representations” in the second place where it occurs insert “, request for review or review”.

MALCOLM CHISHOLM

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

2nd February 2004