The National Health Service (Primary Medical Services and Pharmaceutical Services) (Miscellaneous Amendments) Regulations 2006

PART 4 AMENDMENT OF THE PHARMACEUTICAL REGULATIONS

Amendment of regulation 2 of the Pharmaceutical Regulations

6.  In regulation 2 (1) (interpretation) of the Pharmaceutical Regulations—

(a) in the definition of “PMS contractor”, for “Primary Care Trust or a Strategic Health Authority” substitute “relevant body”, and

(b) insert the following definition in the appropriate place in the alphabetical order—

““relevant body”, in relation to the definition of a PMS contractor, means—

(a)

in a case where a Primary Care Trust is providing services under a PMS agreement with a Strategic Health Authority, that Strategic Health Authority, and

(b)

in all other cases, a Primary Care Trust;”.

Amendment of Schedule 2 to the Pharmaceutical Regulations

7.  In Schedule 2 (terms of service of dispensing doctors) to the Pharmaceutical Regulations, in paragraph 8 (fees and charges), for paragraph 8(2) substitute—

“(2) Where a dispensing doctor provides a drug or appliance under pharmaceutical services or provides any additional service associated with the dispensing of such drugs and appliances in accordance with an agreement with the Primary Care Trust—

(a) in accordance with this Schedule or an agreement with the Primary Care Trust; and

(b) had the drug, appliance or additional service been provided by a contractor providing dispensing services under a GMS contract, the contractor would have been entitled, by virtue of directions given by the Secretary of State under section 28T of the Act, to a payment—

(i) in respect of the drug or appliance; or

(ii) in respect of the additional service provision,

• the Primary Care Trust shall credit him with the payment.”.