The Health and Social Care (Quality and Engagement) (Wales) Act 2020 (Consequential, Supplementary and Incidental Amendments and Revocations) (Secondary Legislation) Regulations 2023

Amendments to the National Health Service (Pharmaceutical Services) (Wales) Regulations 2020

9.—(1) The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Community Health Council”, and

(b) at the appropriate place insert—

““Citizen Voice Body” (“Corff Llais y Dinesydd”) means the Citizen Voice Body for Health and Social Care, Wales, established under section 12(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020;”.

(3) In regulation 7(1)(h) (consultation on pharmaceutical needs assessments), for “any Community Health Council for its area” substitute “the Citizen Voice Body”.

(4) In Schedule 3—

(a) in paragraph 4(2)(c) (notice of proposed determination in respect of controlled localities), for “the Community Health Council for the area” substitute “the Citizen Voice Body”, and

(b) in paragraph 9(1)(e) (persons and bodies to be notified), for “any Community Health Council serving the area of the Local Health Board” substitute “the Citizen Voice Body”.

(5) In Schedule 5—

(a) in paragraph 2(c)(ii) (incorporation of provisions), for “, and” substitute “.”,

(b) omit paragraph 2(d) (incorporation of provisions),

(c) after paragraph 2 insert—

“2A.   Code of practice on access to premises

An NHS pharmacist who provides pharmaceutical services must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act).”,

(d) omit paragraph 28(3)(a)(vii) (clinical governance),

(e) in paragraph 28(3)(a)(viii) (clinical governance) omit “and”,

(f) in paragraph 28(3)(a)(ix) (clinical governance), after “Equality Act 2010,” insert “and”,

(g) after paragraph 28(3)(a)(ix) (clinical governance) insert—

“(x) a requirement that the NHS pharmacist must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act),”.

(6) In Schedule 6—

(a) in paragraph 1(c)(ii) (incorporation of provisions), for “, and” substitute “.”,

(b) omit paragraph 1(d) (incorporation of provisions),

(c) after paragraph 1 insert—

“1A.   Code of practice on access to premises

An NHS appliance contractor who provides pharmaceutical services must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act).”,

(d) omit paragraph 17(3)(a)(vii) (clinical governance),

(e) in paragraph 17(3)(a)(viii) (clinical governance) omit “and”,

(f) in paragraph 17(3)(a)(ix) (clinical governance), after “Equality Act 2010,” insert “and”,

(g) after paragraph 17(3)(a)(ix) (clinical governance) insert—

“(x) a requirement that the NHS appliance contractor must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act),”.

(7) In Schedule 7—

(a) in paragraph 2(c)(ii) (incorporation of provisions), for “, and” substitute “.”,

(b) omit paragraph 2(d) (incorporation of provisions),

(c) after paragraph 2 insert—

“2A.   Code of practice on access to premises

A doctor who provides pharmaceutical services must have regard to the code of practice on access to premises prepared and published by the Welsh Ministers under section 19(1) of the Health and Social Care (Quality and Engagement) (Wales) Act 2020 (“the 2020 Act”) (so far as the code is relevant) in exercising any function that relates to the provision of health services or social services (within the meaning of those terms in section 21 of the 2020 Act).”

(1)

S.I. 2020/1073 (W. 241), to which there are amendments not relevant to these Regulations.