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

Statutory Instruments

2003 No. 143 (W.15)

NATIONAL HEALTH SERVICE, WALES

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

Made

28th January 2003

Coming into force

1st February 2003

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

Citation, commencement and application

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

(2) In these Regulations “the principal Regulations” (“y prif Reoliadau”) means the National Health Service (General Medical Services) Regulations 1992(2).

(3) These Regulations apply to Wales only.

Amendment of Schedule 10 to the principal Regulations

2.  In Schedule 10 to the principal Regulations (drugs and other substances not to be prescribed for supply under pharmaceutical services) the following entries shall be omitted—

• “Fabrol Granules

• Fluimucil Granules

• Methylcisteine Tablets 100mg

• Mucodyne Capsules

• Mucodyne Syrup

• Mucodyne Forte Syrup

• Mucodyne Forte Tablets

• Mucodyne Paediatric Syrup

• Visclair Tablets”.

Amendment of Schedule 11 to the principal Regulations

3.  In Schedule 11 to the principal Regulations (drugs to be prescribed under pharmaceutical services only in certain circumstances)—

(a) the entries relating to—

(i) Acetylcysteine granules, and

(ii) Carbocisteine

shall be omitted, and

(b) after “Apomorphine Hydrochloride (Uprima)” in columns 1 and 2 respectively, insert

• “, Tadalafil (Cialis)” .

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the Assembly

28th January 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (General Medical Services) Regulations 1992 (“the principal Regulations”) which regulate the terms on which doctors provide general medical services under the National Health Service Act 1977.

Regulation 2 amends the list in Schedule 10 to the principal Regulations, which lists drugs and other substances that may not be prescribed for supply in the course of pharmaceutical services provided under the National Health Service Act 1977, by removing specified oral mucolytic products.

Regulation 3 amends Schedule 11 to the principal Regulations, which lists drugs and other substances that may only be prescribed in certain circumstances in the course of pharmaceutical services provided under the National Health Service Act 1977.

Regulation 3(a) removes specified oral mucolytic products from, and regulation 3(b) adds Tadalafil (Cialis) to, the list in Schedule 11.

(1)

1977 c. 49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 26(2)(g) and (i), and by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 38(2)(b), for the definitions of “prescribed” and “regulations”.

Section 29 was extended by the Health and Medicines Act 1988 (c. 49), section 17; and amended by the Health Services Act 1980 (c. 53), sections 1 and 7 and Schedule 2, paragraph 16(a); by S.I. 1985/39, article 7(3); by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 18 and by the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 8.

Section 126(4) was amended by the 1990 Act, section 65(2) and the 1999 Act, Schedule 4, paragraph 37(6).

The functions of the Secretary of State under sections 29 and 126(4) of the National Health Service Act 1977 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66(5).

(2)

S.I. 1992/635; relevant amending instruments are S.I. 1992/2412, 1993/2421, 1994/2620, 1997/981, 2000/187 (W.133), 2001/1788 (W.129), 2002/1804 (W.174).

(3)

1998 c. 38.