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

Scottish Statutory Instruments

2003 No. 11

NATIONAL HEALTH SERVICE

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

Made

8th January 2003

Laid before the Scottish Parliament

10th January 2003

Coming into force

1st February 2003

The Scottish Ministers, in exercise of the powers conferred by sections 19, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

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

(2) In these Regulations, “the principal Regulations” means the National Health Service (General Medical Services) (Scotland) Regulations 1995(2).

Amendment of Schedule 10 to the principal Regulations

2.  In Schedule 10 to the principal Regulations (drugs and other substances not to be supplied by general medical practitioners or prescribed for supply under pharmaceutical services) the following entries shall be deleted:–

• Fabrol Granules

• Fluimucil Granules

• Methylcisteine Tablets 100 mg

• Mucodyne Capsules

• Mucodyne Forte Syrup

• Mucodyne Forte Tablets

• Mucodyne Paediatric Syrup

• Mucodyne Syrup

• Visclair Tablets

Amendment of Schedule 11 to the principal Regulations

3.  In Schedule 11 to the principal Regulations (drugs to be supplied by general medical practitioners or prescribed for supply under pharmaceutical services only in certain circumstances)–

(a) the following entries shall be deleted:–

• “Acetylcysteine Granules” in column 1 and the entries in columns 2 and 3 which relate to that entry;

• “Carbocisteine” in column 1 and the entries in columns 2 and 3 which relate to that entry; and

  (b)

  after the entry “Moxisylyte Hydrochloride (Erecnos)” in each of columns 1 and 2 there is inserted “Tadalafil (Cialis)”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

8th January 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical Services) (Scotland) Regulations 1995 (“the principal Regulations”) which regulate the terms on which doctors provide general medical services under the National Health Service (Scotland) Act 1978 (“the 1978 Act”).

Regulation 2 removes 9 products from Schedule 10 to the principal Regulations, which identifies those drugs and other substances which are not to be supplied by general medical practitioners or prescribed for supply in the course of pharmaceutical services under the 1978 Act.

Regulation 3(a) removes 2 products from, and regulation 3(b) adds 1 product to, Schedule 11 to the principal Regulations, which identifies those drugs which may be supplied by general medical practitioners or prescribed for supply under pharmaceutical services only in certain circumstances.

(1)

1978 c. 29; section 19 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 7, paragraph 2, by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a), by the National Health Service and Community Care Act 1990 (c. 19), section 37, by the Medical (Professional Performance) Act 1995 (c. 51), Schedule, paragraph 29(a), and by the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, Part I, paragraph 39 and Schedule 3, Part I, and is to be read with the Health and Medicines Act 1988 (c. 49), section 17; section 105(7) which contains provisions relating to the making of Regulations, was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7, by the 1983 Act, Schedule 9, Part I, paragraph 24 and by the Health Act 1999 (c. 8), Schedule 4, paragraph 60; section 108(1) contains a definition of “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1995/416; relevant amending instruments are S.I. 1995/3199, 1997/1473 and 1999/1620 and S.S.I. 1999/54, 2000/190, 2001/119 and 2002/111 and 438.