http://www.legislation.gov.uk/ukpga/1986/66/section/3National Health Service (Amendment) Act 1986An Act to apply certain enactments, orders and regulations relating to food and health and safety to certain health service bodies and premises; to make further provision as to pharmaceutical services under the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 and the remuneration of persons providing those services, general medical services, general dental services or general ophthalmic services under those Acts; to provide further, as respects Scotland, as to co-operation among certain bodies in securing and advancing the health of disabled persons, the elderly and others; and for connected purposes.1986-11-07texttext/xmlenStatute Law Database2015-09-29Expert Participation2007-03-01 Pharmaceutical services.31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2Regulations purporting to be made under section 42(b) of the 1977 Act and made before the passing of this Act shall be treated as being and always having been valid.3The following subsections shall be substituted for subsection (2) of section 27 of the 1978 Act—2Regulations shall provide for securing that arrangements made by a Health Board under subsection (1) will enable persons in the Board’s area for whom drugs, medicines or appliances mentioned in that subsection are ordered as there mentioned to receive them from persons with whom such arrangements have been made.3The regulations shall include provision—afor the preparation and publication by a Health Board of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the Board’s area;bthat an application to a Health Board for inclusion in such a list shall be made in the prescribed manner and shall state—ithe 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; andiithe premises from which he will undertake to provide those services;cthat, except in prescribed cases—ian application for inclusion in such a list by a person not already included; andiian 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 Health Board is 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; anddfor 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—ihas never provided from those premises; oriihas ceased to provide from them,the services, or any of the services, which he is listed as undertaking to provide from them.4The regulations may include provision—athat an application to a Health Board may be granted in respect of some only of the services specified in it;bthat an application to a Health Board relating to services of a prescribed description shall be granted only if it appears to the Board that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed;cthat the inclusion of a person in a list in pursuance of such an application may be for a fixed period;dthat, 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 a prescribed body and by reference to a prescribed criterion; andethat the prescribed body may give its approval subject to conditions.5The regulations shall include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of subsection (3) or (4).6The regulations shall be so framed as to preclude—aa person included in a list published under subsection (3)(a) above; andban employee of such a person;from taking part in the decision whether an application such as is mentioned in subsection (3)(c) above should be granted or an appeal against such a decison brought by virtue of subsection (5) above should be allowed..4In section 28 of the 1978 Act, after the word “by” where it first occurs in each of subsections (1) and (2) there shall be inserted the words “ or under ”.S. 3(1) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)