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

Welsh Statutory Instruments

2003 No. 783 (W.94)

NATIONAL HEALTH SERVICE, WALES

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

Made

18th March 2003

Coming into force

1st April 2003

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

Citation, commencement, application and effect

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

(2) These Regulations apply to Wales only.

(3) The National Health Service (Pharmaceutical Services) Regulations 1992(2) shall be amended in accordance with the following provisions of these Regulations.

Amendment of paragraph 10A of Schedule 2

2.  Paragraph 10A of Schedule 2 (Complaints) shall be amended in accordance with the following paragraphs—

(a) in paragraph (7)(b)(ii) for the word “three”, substitute the word “two”; and

(b) in paragraph (7)(c) for the figure “10”, substitute the figure “20”.

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 National Assembly for Wales.

18th March 2003

Explanatory Note

(This note is not part of the Order)

These Regulations further amend the National Health Service (Pharmaceutical Services) Regulations 1992 which regulate the terms on which pharmaceutical services are provided under the National Health Service Act 1977.

Regulation 2 contains provisions amending the length of time chemists have to respond to complaints made by or on behalf of any person to whom they have provided pharmaceutical services. The time permitted to chemists to formally acknowledge complaints is reduced from three to two days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays), whereas the time permitted to provide a complainant with a written summary of investigations and conclusions is increased from 10 to 20 days (excluding Saturdays, Sundays, Christmas Day, Good Friday and bank holidays).

(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), for the definitions of “prescribed” and “regulations”.

Section 41 was amended by the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 42(1).

Section 42 was amended by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1); the Health Authorities Act 1995 (c. 17), section 2(1), Schedule 1, paragraph 30(a)(i), (b)(i), (iii) and (c)(i), (iii) and (iv); the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), sections 43(2), (3) and (4), 20(1) and(6)(a)(b)(c), 23(1) and (5)(a)(b), 67(2), Schedule 6, Part 1; the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), section 2(5), Schedule 2, Part 1, paragraphs 1, 16(1), (3)(b) and (4)(b); S.I. 1987/2202, article 4, and the 1990 Act, section 12(3).

Section 126(4) was amended by the 1990 Act, section 65(2); by the Health Act 1999 (c. 8), section 65(1), Schedule 4, paragraphs 4, 37(1) and (6); the 2001 Act, section 67(1), Schedule 5, Part 1, paragraphs 5(1) and 13(b), and by the 2002 Act, section 6(3)(c).

As regards Wales, the functions of the Secretary of State under sections 41, 42 and 126(4) of the National Health Service Act 1977 are transferred to the National Assembly for Wales under article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I.1999/672.

(2)

S.I. 1992/662, the relevant amending instrument is S.I. 1996/698 which inserts paragraphs 10A and B into Schedule 2 and S.I. 1999/696 which amends paragraph 10A.

(3)

1998 c. 38.