The National Health Service (General Medical and Pharmaceutical Services and Charges for Drugs) (Scotland) Amendment Regulations 1988 No. 1073 (S. 105)

Statutory Instruments

1988 No. 1073 (S.105)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (General Medical and Pharmaceutical Services and Charges for Drugs) (Scotland) Amendment Regulations 1988

Made

20th June 1988

Laid before Parliament

28th June 1988

Coming into force

1st August 1988

The Secretary of State, in exercise of powers conferred on him by sections 19, 27, 69 and 108(1) of the National Health Service (Scotland) Act 1978(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services and Charges for Drugs) (Scotland) Amendment Regulations 1988 and shall come into force on 1st August 1988.

Amendment of the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974

2.—(1) The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(2)shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 28 (pharmaceutical list)(3)—

(a) in paragraph (3) after the words “the application shall” there shall be inserted the words “, subject, in a case falling within sub-paragraph (a) of this paragraph, to the provisions of paragraph (6A),”; and

(b) after paragraph (6) there shall be inserted the following paragraph:—

“(6A) An application, in any case other than that specified in paragraph (3)(b), which is made by a person who qualified to have his name registered under the Pharmacy Act 1954(4)by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the Board that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the Board’s area.”.

(3) In Schedule 2A (drugs and other substances not to be supplied by general medical practitioners or prescribed for supply under pharmaceutical services)(5)the following entries shall be deleted:—

• Congesteze Paediatric Syrup

• Congesteze Syrup

• Congesteze Tablets

• Normacol Standard Granules

• Normacol Standard Sugar Free Formula Granules

• Q-Panol Tablets

• ROC Total Sunblock Creams (light and deep tan)

• Trufree Bread Mix

• Trufree Pasta Mix

• Trufree Plain Flour

• Trufree Sweet Biscuit Mix

(4) In Schedule 2A each of the following entries shall be inserted at the appropriate point in the alphabetical order:—

• 10.10 Cleaning and Disinfecting Solution

• 10.10 Rinsing and Neutralising Solution

• AMI-10 Rinsing and Storage Solution

• Amiclear Contact Lens Cleanser Tablets

• Amidose Saline Solution 30ml

• Amin-Aid

• Barnes-Hind Cleaning and Soaking Solution

• Barnes-Hind Intensive Cleaner

• Barnes-Hind No 4 Cleaner

• Barnes-Hind Wetting and Soaking Solution

• Bausch and Lomb Cleaning Tablets

• Bausch and Lomb Daily Lens Cleaner

• Bausch and Lomb Saline Solution

• BC 500 Vitamin Sachets Effervescent

• Bergasol Ultra Protection Tanning Lotion

• Biactol Anti-Bacterial Face Wash

• Boots Baby Oil

• Boots Soft Lens Comfort Solution

• Boots Soft Lens Soaking Solution

• Boston Lens Cleaning Solution

• Boston Lens Wetting and Soaking Solution

• Carnation Slender Meal Replacement (All flavours)

• Clean and Soak

• Coda-Med Tablets

• Contactaclean Cleaning Solution

• Contactasoak Disinfecting and Soaking Solution

• Contactasol Wetting Solution

• Elizabeth Arden Flawless Finish

• Elizabeth Arden Sunblock Cream Factor 15

• Ener-G Gluten-free and Soya-free Macaroon Cookies

• Ener-G Gluten-free and Yeast-free Brown Rice Bread

• Ener-G Gluten-free Rice Peanut-Butter Cookies

• Ener-G Gluten-free Rice Walnut Cookies

• Ener-G Low-Protein and Gluten-free Egg Replacer

• Falkamin

• Flexcare Soft Lens Solution

• Flexsol Solution

• GF Brand Chocolate Nut Cookies

• GF Brand Fruit Bran Biscuits

• GF Brand Ginger Cookies

• GF Brand Gluten-free Coconut Cookies

• GF Brand Gluten-free Pastry Mix

• GF Brand Muesli

• GF Brand Muesli Fruit Biscuits

• Healtheries Rice Crispbread

• Hexidin Solution

• Hydrocare Boiling/Rinsing Solution

• Hydrocare Cleaning and Soaking Solution

• Hydrocare Preserved Saline Solution

• Hydrocare Protein Remover Tablets

• Hydroclean Solution

• Hydron Europe Cleaning Solution

• Hydron Europe Comfort Soaking Solution

• Hydron Europe Solusal

• Hydron Europe Solution Comfort

• Hydrosoak Disinfecting and Soaking Solution

• Hydrosol Comfort Solution

• Infa-Care Baby Bath

• Johnson & Johnson Baby Oil

• Johnson & Johnson Baby Powder

• Junior Disprol Tablets

• Junior Paraclear Tablets

• Kelsoak 2 Solution

• Kelvinol 2 Wetting Solution

• Lactaid Lactase enzyme for milk drops

• Lactaid Lactase enzyme tablets

• Lactaid Lactose reduced skimmed and whole milk UHT

• LC65 Cleaning Solution

• Lensept Solution

• Lensine 5 All In One Solution

• Lensplus Sterile Saline Spray

• Lensrins Solution

• Liquifilm Wetting Solution

• Listerine Antiseptic Mouthwash

• Listermint Mouthwash

• Marvel

• Maxisorb

• Mediclean Soft Lens Solution

• Medisoak Soft Lens Solution

• Milupa 7 Cereal Breakfast

• Milupa Special Formula HN 25

• Minoxidil Lotion

• Mira Flow Soft Lens Solution

• Mira Soak Soft Lens Soaking Solution

• Mira Sol Soft Lens Solution

• Panadol Junior Sachets

• Paraclear Tablets

• Paracodol Capsules

• Paxalgesic Tablets

• Phisoderm

• Piz Buin Childrens Balm SPF 8

• Piz Buin Creme factor 6

• Piz Buin Creme factor 8

• Pix Buin Lip Protection Stick SPF8

• Piz Buin SPF 6 Lotion

• Piz Buin SPF 8 Lotion

• Pliagel Soft Lens Solution

• Preflex Solution

• Prenatol Anti Stretch Mark Cream

• Regaine

• Rite Diet Diabetic Fruit Cake

• Rite Diet Gluten-free Baking Powder

• Rite Diet Gluten-free Crunchy Bars

• Rite Diet Gluten-free Muesli Cookies

• RoC Compact Cleanser

• RoC Foundation Cream

• RoC Vitamin Cream

• Ruthmol

• Savlon Baby Care Cream

• Savlon Baby Care Lotion

• Savlon Baby Care Oil

• Savlon Baby Care Powder

• Savlon Baby Care Shampoo

• Savlon Baby Care Soap

• Selora Sodium-free Salt Substitute

• Soaklens Solution

• Softtab Soft Lens Care Tablets

• Solpadeine Capsules

• Solusol Solution

• Soquette Soaking Solution

• Steri-Clens Solution

• Steri-Solve Soft Lens Solution

• Titan Hard Cleanser

• Total All Purpose Solution

• Transclean Cleaning Solution

• Transdrop

• Transoak Solution

• Transol Solution

• Trufree Crisp Bran

• Vaseline Intensive Care Lotion

• Vaseline Intensive Care Lotion Herbal and Aloe.

Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1980

3.—(1) The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1980(6)shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 3 (supply of drugs and appliances by chemists), after paragraph (1) there shall be inserted the following paragraph:—

“(1A) For the purposes of this regulation, where a quantity of a drug ordered on one prescription form is ordered to be supplied by instalments during a period of not more than 14 days, only one charge shall be payable and it shall be payable upon the supply of the first instalment.”.

(3) In regulation 4 (supply of drugs and appliances by doctors), after paragraph (1) there shall be inserted the following paragraph:—

“(1A) For the purposes of this regulation, where a doctor supplies a quantity of a drug by instalments during a period of not more than 14 days, only one charge shall be payable and it shall be payable upon the supply of the first instalment.”.

Michael B Forsyth

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

20th June 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 which regulate the terms on which doctors and chemists provide general medical services and pharmaceutical services under the National Health Service (Scotland) Act 1978.

Regulation 2(2) provides that (except in cases of minor relocation of premises) an application to a Health Board by a person qualified to have his name registered by virtue of section 4A of the Pharmacy Act 1954 (qualification by European diploma) for inclusion in a list of persons providing pharmaceutical services shall not be granted unless the applicant has the necessary knowledge of English.

Schedule 2A to the aforementioned Regulations lists drugs and other substances which cannot be supplied by doctors, or prescribed for supply under pharmaceutical services. Regulations 2(3) and (4) delete some drugs and substances from, and add others to, that list.

These Regulations also amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1980 by providing, that where a supply of a quantity of a drug is made to a patient by way of instalments over a period not exceeding 14 days, only one prescription charge will be payable and it will be payable on the supply of the first instalment.

(1)

1978 c. 29; section 19 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 2, and by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a); section 27 was amended by the 1980 Act, section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66), section 3(3) and by S.I. 1987/2202; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.I. 1974/506; relevant amending instruments are S.I. 1985/296, 534, 804 and 1713, 1986/303, 925, 1507 and 2310, and 1987/385 and 1382.

(3)

Regulation 28 was substituted by S.I. 1987/385

(4)

1954 c. 61; section 4A was inserted by S.I. 1987/2202

(5)

Schedule 2A was inserted by S.I. 1985/296; relevant amending instruments are S.I. 1985/534, 804 and 1713, 1986/303, 925, 1507 and 2310, and 1987/1382

(6)

S.I. 1980/1674; relevant amending instruments are S.I. 1983/1172 and 1988/365