2006 No. 320
NATIONAL HEALTH SERVICE

The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2006

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers in exercise of the powers conferred by sections 27(1) and (2), 28A, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2006.

(2)

These Regulations shall come into force on 1st July 2006.

(3)

In these Regulations “the principal Regulations” means the National Health Service (Pharmaceutical Services) (Scotland) Regulations 19952.

Amendment of the principal Regulations2.

(1)

The principal Regulations are amended as follows.

(2)

In regulation 2(1) (interpretation and application), in each of the definitions of “joint discipline committee”, and “pharmaceutical discipline committee3”, for “National Health Service (Service Committee and Tribunal) (Scotland) Regulations 1992”, substitute “National Health Service (Discipline Committees) (Scotland) Regulations 20064”.

(3)

In regulation 9(1) (payments to pharmacists and standards of drugs and appliances)5 after sub-paragraph (h), insert–

“; and

(i)

the fees, allowances and remuneration payable for the provision of such directed services as may be specified.”.

(4)

In Schedule 1, paragraph 2 (incorporation of provisions of regulations etc.)6 for sub-paragraph (d) substitute–

“(d)

so much of the National Health Service (Discipline Committees) (Scotland) Regulations 20067 as relates to–

(i)

the investigation of disciplinary m atters relating to pharmacists and pharmacist contractors and other investigations to be made by the pharmaceutical discipline committee and the joint discipline committee and the action which may be taken by the Board as a result of such investigations, including the withholding of remuneration from pharmacists and pharmacist contractors where there has been a breach of the terms of service;

(ii)

appeals to the Scottish Ministers from decisions of the Board; and

(e)

the National Health Service (Tribunal) (Scotland) Regulations 20048.”.
LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (“the principal Regulations”) which regulate the provision of pharmaceutical services under the National Health Service (Scotland) Act 1978.

Regulation 2(2) amends regulation 2(1) of the principal Regulations by amending the definitions of “joint discipline committee” and “pharmaceutical discipline committee” by substituting references to the National Health Service (Discipline Committees) (Scotla nd) Regulations 2006 for references to the National Health Service (Service Committee and Tribunal) (Scotland) Regulations 2006, which are repealed with effect from 1st July 2006.

Regulation 2(3) amends regulation 9(1) of the principal Regulations to add t o the categories of information which is to be included in the Drug Tariff, the fees, allowances and remuneration payable for specified directed services, that is such additional pharmaceutical services as may be specified.

Regulation 2(4) amends paragraph 2 of Schedule 1 to the principal Regulations by–

(a)

substituting provisions referring to the National Health Service (Discipline Committees) (Scotland) Regulations 2006 for the provisions referring to Part II of the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1992; and

(b)

adding a new sub-paragraph (e) referring to the National Health Service (Tribunal) Scotland Regulations 2004.