The National Health Service (General Medical Services) and (Pharmaceutical Services) (Amendment) (Wales) Regulations 2003

Made28th January 2003

Coming into force1st February 2003

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 29, 41, 42, 43 and 126(4) of the National Health Service Act 1977 1 hereby makes the following Regulations:

Citation, commencement, interpretation and application1

1

These Regulations may be cited as the National Health Service (General Medical Services) and (Pharmaceutical Services) (Amendment) (Wales) Regulations 2003 and shall come into force on 1st February 2003.

2

In these Regulations—

“the General Medical Services Regulations” means the National Health Service (General Medical Services) Regulations 19922;
“the Pharmaceutical Services Regulations” means the National Health Service (Pharmaceutical Services) Regulations 19923.

3

These Regulations apply to Wales only.

Amendment of the Schedule 2 to the General Medical Services Regulations2

1

Schedule 2 to the General Medical Services Regulations (Terms of Service for Doctors) shall be amended in accordance with the following provisions of this regulation.

2

In paragraph 43 (prescribing)—

a

for the opening wording of sub-paragraph (3), substitute—

3
Where a doctor orders drugs specified in Schedules 2 to 5 to the Misuse of Drugs Regulations 20014 (controlled drugs to which regulations, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 26 and 27 of those Regulations apply) for supply by instalments for treating addiction to any drug specified in those Schedules, he shall—

b

in sub-paragraph (5) (b), for “other than a drug which is for the time being specified in Schedule 5 to the Misuse of Drugs Regulations 19855;” substitute “other than a drug which is for the time being specified in Schedules 4 or 5 to the Misuse of Drugs Regulations 2001;”;

c

in sub-paragraph (6) (a), for “other than a drug which is for the time being specified in Schedule 5 to the Misuse of Drugs Regulations 1985” substitute “other than a drug which is for the time being specified in Schedules 4 or 5 to the Misuse of Drugs Regulations 2001;”.

Amendment to Schedule 2 to the Pharmaceutical Services Regulations3

1

Part II to Schedule 2 to the Pharmaceutical Services Regulations (Terms of Service for Chemists) shall be amended in accordance with the following provisions of this regulation.

2

In paragraph 3 (provision of pharmaceutical services)—

a

in sub-paragraph (4), for “the Misuse of Drugs Regulations 1985” substitute “the Misuse of Drugs Regulations 2001”;

b

in sub-paragraph (6), for “the Misuse of Drugs Regulations 1985”, substitute “the Misuse of Drugs Regulations 2001”;

c

in sub-paragraph (9) (b), for “other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 1985”, substitute “other than a drug which is for the time being specified in Schedules 4 or 5 to the Misuse of Drugs Regulations 2001;”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986

D. Elis-ThomasThe Presiding Officer of the National Assembly28th January 2003

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical Services) Regulations 1992 (“the General Medical Services Regulations”), which regulate the terms on which doctors provide general medical services under the National Health Service Act 1977 (“the 1977 Act”) and the National Health Service (Pharmaceutical Services) Regulations 1992 (“the Pharmaceutical Services Regulations”), which govern the provision of pharmaceutical services under the 1977 Act.

Regulation 2 amends paragraph 43 of Schedule 2 to the General Medical Services Regulations (Terms of Service for Doctors) to allow doctors to prescribe by instalments those drugs listed in Schedules 2 to 5 of the Misuse of Drugs Regulations 2001, for the treatment of drug addiction to any of the drugs listed in those Schedules. The Misuse of Drugs Regulations 2001 revoked and re-enacted with amendments the Misuse of Drugs Regulations 1985.

It also corrects an omission in sub-paragraphs 43(5) and (6).

Regulation 3 makes amendments to Schedule 2 to the Pharmaceutical Services Regulations (Terms of Service for Chemists) that are consequential to coming into force of the Misuse of Drugs Regulations 2001.