National Health Service Act 1977

[F1 42 Regulations as to pharmaceutical services. E+W+S

(1) Regulations shall provide for securing that arrangements made by a [F2 Health Authority] under section 41 above will—

[F3 (a) enable persons for whom drugs, medicines or appliances mentioned in that section are ordered as there mentioned to receive them from persons with whom such arrangements have been made; and

(b) ensure the provision of services prescribed under subsection (1)(e) of that section by persons with whom such arrangements have been made.]

(2) The regulations shall include provision—

(a) for the preparation and publication by [F4 a Health Authority] of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the [F4 Health Authority’s area];

(b) that an application to [F4 a Health Authority] for inclusion in such a list shall be made in the prescribed manner and shall state—

(i) the services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply; and

(ii) the premises from which he will undertake to provide those services;

(c) that, except in prescribed cases [F5 (which may, in particular, include cases of applications for the provision only of services falling within subsection (3A) below)]—

(i) an application for inclusion in such a list by a person not already included; and

(ii) an application by a person already included in such a list for inclusion also in respect of services or premises other than those already listed in relation to him,

shall be granted only if the [F4 Health Authority are] satisfied, in accordance with the regulations, that it is necessary or desirable to grant it in order to secure in the neighbourhood in which the premises are located the adequate provision by persons included in the list of the services, or some of the services, specified in the application; and

(d) for the removal of an entry in respect of premises from a list if it has been determined in the prescribed manner that the person to whom the entry relates—

(i) has never provided from those premises; or

(ii) has ceased to provide from them, the services, or any of the services, which he is listed as undertaken to provide from them.

(3) The regulations may include provision—

(a) that an application to a [F6 Health Authority] may be granted in respect of some only of the services specified in it;

(b) that an application to a [F6 Health Authority] relating to services of a prescribed description shall be granted only if it appears to the [F6 Health Authority] that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed;

[F7 (ba) that an application to a [F6 Health Authority] by a person who qualified to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the [F6 Health Authority] that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the [F6 Health Authority’s area;]]

(c) that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;

(d) that, where the premises from which an application states that the applicant will undertake to provide services are in an area of a prescribed description, the applicant shall not be included in the list unless his inclusion is approved by [F8 reference to prescribed criteria by the [F6 Health Authority in whose area] those premises are situated; [F9 and]]

(e) that [F6 that Health Authority may give their] approval subject to conditions.

[F10 (f) as to other grounds on which a Health Authority may, or must, refuse to grant an application (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below);

(g) as to information which must be supplied to a Health Authority by a person included, or seeking inclusion, in such a list (or by arrangement with him);

(h) for the supply to a Health Authority by an individual—

(i) who is included, or seeking inclusion, in such a list, or

(ii) who is a member of the body of persons controlling a body corporate included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act;

(i) for grounds on which a Health Authority may defer a decision whether or not to grant an application;

(j) for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to grant such applications;

(k) as to criteria to be applied in making decisions under the regulations (other than decisions required by virtue of paragraph (d))]]

[F11 (l) as to the making of declarations about—

(i) financial interests;

(ii) gifts above a prescribed value; and

(iii) other benefits received.]

[F12 (3A) A service falls within this subsection if the means of providing it is such that the person receiving it does so otherwise than at the premises from which it is provided.

(3B) The regulations may, in respect of services falling within subsection (3A) above, include provision—

(a) requiring persons to be approved for the purposes of providing such services, by the Secretary of State or such other person as may be specified in the regulations, in accordance with criteria to be specified in or determined under the regulations (whether by the Secretary of State or by another person so specified);

(b) requiring the Health Authority to make the grant of an application subject to prescribed conditions.]

[F13 (3C) Before making regulations by virtue of subsection (3)(l), the Secretary of State must consult such organisations as he thinks fit appearing to him to represent persons providing pharmaceutical services.]

(4) The regulations shall include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of this section.

[F14 (4A) If regulations made by virtue of subsection (3)(f) provide that a Health Authority may refuse to grant an application, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.]

(5) The regulations shall be so framed as to preclude—

(a) a person included in a list published under subsection (2)(a) above ;and (b) an employee of such a person; from taking part in the decision whether an application such as is mentioned in subsection (2)(c) above should be granted or an appeal against such a decision brought by virtue of subsection (4) above should be allowed.

Textual Amendments

F1 S. 42 substituted by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3

F2 Words in s. 42(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 30(a) (with Sch. 2 paras. 6, 16)

F3 S. 42(1)(a)(b) substituted for words in s. 42(1) (1.4.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 43(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(6); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F4 Words in s. 42(2) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 30(b) (with Sch. 2 paras. 6, 16)

F5 Words in s. 42(2)(c) inserted (1.4.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 43(3), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(6); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F6 Words in s. 42(3) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 30(c) (with Sch. 2 paras. 6, 16)

F7 S. 42(3)(ba) inserted by S.I. 1987/2202, art. 4

F8 Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 12(3)(a)

F9 Word in s. 42(3)(d) repealed (1.7.2002 for W., otherwise prosp. ) by 2001 c. 15, ss. 20(6)(a), 67(2), 70(2), Sch. 6 Pt. 1 (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F10 S. 42(3)(f)-(k) inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 20(6)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F11 S. 42(3)(l) inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 23(5)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F12 S. 42(3A)(3B) inserted (1.4.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 43(4), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(6); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F13 S. 42(3C) inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 23(5)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F14 S. 42(4A) inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 20(6)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

Modifications etc. (not altering text)

C1 S. 42 extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)