(1)[F1NHS England] must, in accordance with regulations, make the arrangements mentioned in subsection (3).
(2)The Secretary of State must make regulations for the purpose of subsection (1).
(3)The arrangements are arrangements [F2for the provision to persons who are in England] of—
(a)proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown,
(b)proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a dental practitioner in pursuance of—
(i)his functions in the health service, the Scottish health service or the Northern Ireland health service (other than functions exercised in pursuance of the provision of services mentioned in paragraph (c)), or
(ii)his functions in the armed forces of the Crown,
(c)listed drugs and medicines and listed appliances which are ordered for those persons by a dental practitioner in pursuance of the provision of primary dental services or equivalent services in the Scottish health service or the Northern Ireland health service,
(d)such drugs and medicines and such listed appliances as may be determined by the Secretary of State for the purposes of this paragraph and which are ordered for those persons by a prescribed description of person in accordance with such conditions, if any, as may be prescribed, in pursuance of functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown, and
(e)such other services as may be prescribed.
(4)The descriptions of persons which may be prescribed for the purposes of subsection (3)(d) are the following, or any sub-category of such a description—
(a)persons who are registered in the register maintained under article 5 of [F3the Health Professions Order 2001],
(b)persons who are registered pharmacists,
(c)persons who are registered in the dental care professionals register established under section 36B of the Dentists Act 1984 (c. 24),
(d)persons who are optometrists,
(e)persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21),
(f)persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17),
(g)persons who are registered nurses or registered midwives,
(h)persons not mentioned above who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8),
(i)any other description of persons which appears to the Secretary of State to be a description of persons whose profession is regulated by or under a provision of, or made under, an Act of the Scottish Parliament or Northern Ireland legislation and which the Secretary of State considers it appropriate to specify.
[F4(4A)Subsection (4)(h) does not apply to persons in so far as they are registered as social care workers in England (within the meaning of section 60 of the Health Act 1999).]
(5)A determination under subsection (3)(d) may—
(a)make different provision for different cases,
(b)provide for the circumstances or cases in which a drug, medicine or appliance may be ordered,
(c)provide that persons falling within a description specified in the determination may exercise discretion in accordance with any provision made by the determination in ordering drugs, medicines and listed appliances.
(6)The arrangements which may be made by [F1NHS England] under subsection (1) include arrangements for the provision of a service by means such that the person receiving it does so otherwise than at the premises from which it is provided.
F5(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)The services provided under this section are, together with additional pharmaceutical services provided in accordance with a direction under section 127, referred to in this Act as “pharmaceutical services”.
(9)In this section—
“armed forces of the Crown” does not include forces of a Commonwealth country or forces raised in a colony,
“listed” means included in a list approved by the Secretary of State for the purposes of this section,
“the Scottish health service” means the health service within the meaning of the National Health Service (Scotland) Act 1978 (c. 29), and
“the Northern Ireland health service” means the health service within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)).
Textual Amendments
F1Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F2Words in s. 126(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 63(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in s. 126(4)(a) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 47(j); S.I. 2019/1436, reg. 2(s)
F4S. 126(4A) substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 30; S.I. 2019/1436, reg. 2(s)
F5S. 126(7) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 63(5); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Modifications etc. (not altering text)
C1S. 126 modified (temp.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 3 para. 4 (with Sch. 3 Pt. 1)
C2S. 126(9) modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 2 para. 9 (with Sch. 3 Pt. 1)