The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 and shall come into force on 5th June 2002.

(2) These Regulations extend to England only(1).

(3) In these Regulations—

“the Act” means the Health and Social Care Act 2001;

“the approved pilot scheme” has the meaning given to it in regulation 8(2)(b);

“designation” means a designation made by a Health Authority under regulation 3(1);

“the principal Regulations” means the National Health Service (Pharmaceutical Services) Regulations 1992(2);

“the relevant date” has the meaning given to it in regulation 8(6); and

“the relevant pilot scheme” has the meaning given to it in regulation 3(3).

(4) In these Regulations—

(a) a reference to the approval of a pilot scheme(3) is a reference to the approval of proposals for a pilot scheme by the Secretary of State under paragraph 3(1)(a) or (b) of Schedule 2 to the Act, and “approve” shall be construed accordingly;

(b) a reference to the rejection of a pilot scheme is a reference to the rejection of proposals for a pilot scheme by the Secretary of State under paragraph 3(1)(c) or 4(3)(c) of Schedule 2 to the Act, and “reject” shall be construed accordingly;

(c) a reference to a pilot scheme which has been varied is a reference to proposals for a pilot scheme which have been approved by the Secretary of State but subsequently varied (prior to implementation) with the agreement of the Secretary of State or, as the case may be, in a manner authorised by directions given by the Secretary of State under paragraph 7(3) of Schedule 2 to the Act;

(d) a reference to the implementation of a pilot scheme is a reference to the implementation of proposals for a pilot scheme by a Health Authority in accordance with paragraph 7 of Schedule 2 to the Act (making a scheme), and “implement” shall be construed accordingly; and

(e) (unless the context otherwise requires) any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

(1)

As regards Wales, the functions of the Secretary of State under sections 41 and 42 of the National Health Service Act 1977 (“the 1977 Act”) were transferred to the National Assembly for Wales under S.I. 1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66.

(2)

S.I. 1992/662; the relevant amending instrument is S.I. 1998/681.

(3)

“Pilot scheme” is defined in section 28(2) of the Act.