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The National Health Service (Pharmaceutical Services) Regulations 2005

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Transitional arrangements in respect of terms of service

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74.—(1) A pharmacist who is providing pharmaceutical services on 31st March 2005 by virtue of a particular entry on a pharmaceutical list (or who is included in a pharmaceutical list subsequent to that date by virtue of regulation 73), when providing pharmaceutical services pursuant to that entry, need not comply with the terms of service set out in Schedule 1, apart from—

(a)paragraph 11(1), Part 3 and paragraphs 29 to 31 of that Schedule, until 1st October 2005, provided that until that date he complies with the terms of service set out in Parts I and II of Schedule 2 to the 1992 Regulations, apart from paragraph 4 of that Schedule; and

(b)if he provides an ETP service, the requirements of that Schedule in respect of electronic prescriptions and otherwise in connection with the ETP service.

(2) A supplier of appliances who is providing pharmaceutical services on 31st March 2005 by virtue of a particular entry on a pharmaceutical list (or who is included in a pharmaceutical list subsequent to that date by virtue of regulation 73), when providing pharmaceutical services pursuant to that entry, need not comply with the terms of service set out in Schedule 3, apart from—

(a)paragraphs 9(1), 10 to 13 and 16 to 18 of that Schedule, until 1st October 2005, provided that until that date he complies with the terms of service set out in Parts I and II of Schedule 2 to the 1992 Regulations, apart from paragraph 4 of that Schedule; and

(b)if he provides an ETP service, the requirements of that Schedule in respect of electronic prescriptions and otherwise in connection with an ETP service.

(3) Where, before this article comes into force or by virtue of this article, a complaint is being investigated under a complaints procedure mentioned in paragraph 10A or 10B of Schedule 2 to the 1992 Regulations, a pharmacist or supplier of appliances shall—

(a)in the case of a complaint being investigated under a complaints procedure mentioned in the said paragraph 10A, dispose of the matter in accordance with that paragraph; and

(b)in the case of a complaint being investigated under a complaints procedure mentioned in the said paragraph 10B, co-operate with the investigation in the manner set out in that paragraph.

(4) Where, before this article comes into force, a chemist is the subject of proceedings under paragraph 4 of Schedule 2 to the 1992 Regulations in respect of issuing of a direction as to the days on which or hours at which he is to provide pharmaceutical services—

(a)those proceedings shall be disposed of in accordance with paragraph 4 of Schedule 2 to the 1992 Regulations; and

(b)any direction issued as a result of those proceedings is a direction issued under paragraph 4 of Schedule 2 to the 1992 Regulations for the purposes of these Regulations.

(5) A dispensing doctor who is providing pharmaceutical services on 31st March 2005 by virtue of a particular entry on a dispensing doctor list (or who is included in a dispensing doctor list subsequent to that date by virtue of regulation 73), when he provides pharmaceutical services pursuant to that entry, need not comply with the terms of service set out in Schedule 2 until 1st October 2005, provided that—

(a)until that date he complies with the terms of service set out in Parts I and III of Schedule 2 to the 1992 Regulations; and

(b)if he provides an ETP service, he complies with the requirements of Schedule 2 in respect of electronic prescriptions and otherwise in connection with an ETP service.

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