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

Amendment of Schedule 1

21.—(1) For paragraph 31 (home Primary Care Trusts of bodies corporate) substitute—

“Home Primary Care Trusts of bodies corporate

31.— (1) Where a pharmacist is a body corporate with a registered office in England, the information to be provided under paragraphs 29 and 30 may be provided instead to the home Primary Care Trust, if the pharmacist also provides the home Primary Care Trust with details of all the other Primary Care Trusts in whose pharmaceutical lists it is included.

(2) The home Primary Care Trust shall consider such information and decide whether this raises any questions about the pharmacist’s fitness to practise.

(3) If the home Primary Care Trust is of the opinion that the information does raise a question about the pharmacist’s fitness to practise, it shall make a recommendation about the appropriate action to be taken (if any) in relation to the pharmacist.

(4) A recommendation shall set out all the relevant facts and shall be fully reasoned.

(5) The home Primary Care Trust shall pass any of the information provided by the pharmacist and any recommendation it has made under paragraph (3) to any other Primary Care Trust—

(a) in whose pharmaceutical list the pharmacist is included; or

(b) to whom the pharmacist has made or makes an application to be included in its pharmaceutical list,

that requests it, within 28 days of receiving such a request.”

(2) In paragraph 36(4) (charges for drugs and refunds) of Schedule 1, after “or form FP57 0403” insert “in relation to a claim for repayment of a payment made in England, or the equivalent form issued in Scotland in relation to a claim for repayment of a payment made in Scotland”.