The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations make further provision in connection with the establishment of pilot schemes for the provision of local pharmaceutical services under Chapter 1 of Part 2 of the Health and Social Care Act 2001.

Regulation 2 makes provision in relation to applications to become a health service body for the purposes of section 4 of the National Health Service and Community Care Act 1990 (in the Regulations called a “PHS body”). The effect of such an application being granted is that the contracts entered into between the Health Authority and the PHS body will be NHS contracts within the meaning of that Act, rather than legal contracts. Regulation 3 makes provision concerning the circumstances in which a PHS body ceases to be such a body. Regulations 2 and 3 also make special provision in connection with contracts to clarify that the grant or loss of PHS body status does not affect the status of pre-existing contracts.

Regulation 4 provides that the Secretary of State, before approving a pilot scheme or a variation to such a scheme, must make a determination as to whether a person who is to provide services under the scheme is to be given a right of return to a Health Authority’s pharmaceutical list if he applies for his name to be included in that list after ceasing to provide services under the pilot scheme. Regulation 4 makes further provision about such determinations.

Regulation 5 amends the National Health Service (Pharmaceutical Services) Regulations 1992 to provide for applications to join a Health Authority’s pharmaceutical list where a valid determination has been made in relation to the applicant, as long as the provision of services is continuous. If such an application is made in the manner specified, the Health Authority must grant the application.

Regulation 5 also provides that any conditions imposed on the grant of an application to provide pharmaceutical services in connection with the provision of pharmaceutical services by a doctor are not affected by the transition to a pilot scheme; and where a person no longer provides pharmaceutical services (but provides services under a pilot scheme), the Health Authority must remove his name from the pharmaceutical list.