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The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2005

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1.  These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 23 December 2005.

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 in accordance with the following paragraphs:

(2) In regulation 2(1) (interpretation and application) insert each of the following definitions at the appropriate alphabetical place–

“Patient Group Direction” has the meaning ascribed in Article 1(2) of the Prescription Only Medicines (Human Use) Order 1997(2);

“supply form” means a form issued by a Board to record a supply of pharmaceutical services under the terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997(3) (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction).

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

(a)in paragraph 3 (provision of pharmaceutical services)

(i)in sub paragraph (3A)(a)(4)–

(aa)for “National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989(5) (“the 1989 Regulations”)”, substitute “ National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(6) (“the 2001 Regulations”)”; and

(bb)for “National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(7)”, substitute “National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003(8)”;

(ii)in sub paragraphs (3A)(b) and (3A)(c) for the references to “the 1989 Regulations” wherever they occur, substitute “the 2001 Regulations”;

(iii)in sub paragraphs (3A)(a) and 3(A)(c) after the words “prescription form” wherever they appear, insert–

or a supply form.;

(iv)in sub paragraph (11)(9), after “as specified in sub paragraph (1)” insert–

or in accordance with the terms of a Patient Group Direction issued by a Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997 (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction)..

(b)in paragraph 8 (method of payment)–

(i)in sub-paragraph (1), after “prescription forms” insert–

, supply forms;

(ii)in sub paragraph (7) after “prescription form” add–

, or in respect of the supply of drugs or listed appliances in terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997, (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction).;

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st December 2005

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