The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 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”.

(1)

S.I. 1995/414. Relevant amending instruments are S.I. 1996/840 and S.S.I. 1999/57.

(2)

Regulation 5(1) was amended by S.S.I. 1999/57.

(3)

S.S.I. 2004/38.

(4)

Regulation 6(1) was amended by S.S.I. 1999/57.

(5)

Paragraph 5(2)(a) was inserted by S.I. 1996/840 and amended by S.S.I. 1999/57.

(6)

Section 29B was inserted by the Health Act 1999 (c. 8) (“the 1999 Act”), section 58(1) and amended by the Community Care and Health (Scotland) Act 2002 asp 5 (“the 2002 Act”), schedule 2, paragraph 2(6). Section 30 was substituted by the 1999 Act, section 58(2) and amended by the 2002 Act, schedule 2, paragraph 2(7).