The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1990

Statutory Instruments

1990 No. 2509 (S.211)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1990

Made

10th December 1990

Laid before Parliament

11th December 1990

Coming into force

1st January 1991

The Secretary of State, in exercise of the powers conferred on him by sections 19, 27, 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1990 and shall come into force on 1st January 1991.

(2) In these Regulations “the principal Regulations” means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(2).

Amendments to the principal Regulations

2.  In regulation 2 (interpretation) of the principal Regulations after the definition of “medical records” there shall be inserted the following:—

““minor relocation” has the meaning given by regulation 28(3C);”.

Amendments to regulation 28 of the principal Regulations

3.—(1) Regulation 28 (Pharmaceutical list)(3) of the principal Regulations shall be amended in accordance with the provisions of this regulation.

(2) At the end of paragraph (2) there shall be inserted the words “or, in the case of an application to which the applicant proposes that paragraph (3A) should apply, Form A (MR) set out in Part III of that Schedule”.

(3) For paragraph (3) there shall be substituted the following paragraphs:—

“(3) Where an application is made and—

(a) the applicant intends to provide the same pharmaceutical services from premises from which, at the time of the application, another person whose name is included in the pharmaceutical list provides those services, in place of that person, and

(b) the condition specified in paragraph (3B) is fulfilled,

the Board shall grant the application.

(3A) Where an application is made and—

(a) the applicant intends to relocate to new premises, within the neighbourhood in which he provides pharmaceutical services, from the premises already listed in relation to him, and to provide from those new premises the same pharmaceutical services which he is listed as providing from his existing premises,

(b) the Board is satisfied that the relocation is a minor relocation, and

(c) the condition specified in paragraph (3B) is fulfilled,

the Board shall grant the application.

(3B) The condition referred to in paragraphs (3)(b) and (3A)(c) is that in either case the provision of the particular pharmaceutical services by the applicant will not be interrupted, except for any period during which, in terms of any scheme made under regulation 29(2) that applies to him, or any such longer period as the Board may for good cause allow, the provision of such services is not required.

(3C) In this regulation the reference to a minor relocation is to one where there will be no significant change in the neighbourhood population in respect of which pharmaceutical services are provided by the applicant and other circumstances are such that there will be no appreciable effect on the pharmaceutical services provided by the applicant or any other person whose name is included in the pharmaceutical list of the Board.

(3D) Before satisfying itself that a relocation is a minor relocation the Board shall seek and take into account the views of the Area Pharmaceutical Committee and of the Chief Administrative Pharmaceutical Officer of the Board.

(3E) In the case of an application to which paragraph (3A)(a) applies, where the Board is not satisfied that the relocation is a minor relocation, it shall not grant the application but shall notify the applicant in writing of its decision and of its reasons.

(3F) Nothing in this regulation shall preclude or prevent an applicant from making an application in accordance with Form A or Form A(MR) in circumstances where the applicant considers that paragraph (3A) may apply to such an application.”.

(4) In paragraph (4) for the words “paragraph (3)” there shall be substituted the words “paragraph (3) or (3A)”.

Amendments to regulation 28A of the principal Regulations

4.—(1) For paragraph (2) of regulation 28A of the principal Regulations (Provisional Pharmaceutical List)(4), there shall be substituted the following:—

“(2) Where in any application under paragraph (2) of regulation 28 to which paragraph (3A) or (4) of that regulation applies—

(a) any one or more of the statements in paragraph 2(b) of Form A or, as the case may be, Form A(MR), is negative, and

(b) the Board is satisfied on the basis of such information as may be submitted with the application that the applicant intends to commence business at the premises specified in the application in the event of his name being included in the pharmaceutical list,

the Board, in the case of an application to which paragraph 28(4) applies, shall notify and otherwise deal with the application in accordance with regulation 28(4) and Schedule 3A or, in the case of an application to which paragraph (3A) of that regulation applies, shall deal with it in accordance with that paragraph and in either case where the Board grants the application the Board may include the name of the applicant in the provisional pharmaceutical list for its area.”.

(2) In paragraph (4) of that regulation after the words “Form A” there shall be inserted the words “or, as the case may be, Form A(MR)”.

Amendments to Schedule 2A to the principal Regulations

5.  In Schedule 2A to the principal Regulations (drugs and other substances not to be supplied by general medical practitioners or prescribed for supply under pharmaceutical services)(5)—

(a) the following shall be deleted:—

“Trifyba”; and

(b) each of the following entries shall be inserted at the appropriate point in the alphabetical order:—

• “Amplex Mouthwash

• Amplex Original Mint Capsules

• Best Royal Jelly Capsules

• Bisodol Extra Tablets

• Boots Hard Lens Soaking Solution

• Canderel Intense Sweetener Spoonful

• Clerz Lubricating and Rewetting Eye Drops

• Codalax

• Codalax Forte

• Copholcoids

• Country Basket Rice Cakes

• Cranberry Juice

• Deltasoralen Bath Lotion

• Dispirin Extra Tablets

• Elgydium Toothpaste

• Formulix

• Goat’s Milk Spray Dried Powder

• Healthilife Sunflower Seed Oil Capsules 500 mg

• Importal

• Lavender Bath

• Lemsip Expectorant

• Lemsip Linctus

• Miraflow Cleaning Solution

• Nilbite

• Oxysept 1 Disinfecting Solution

• Oxysept 2 Rinsing, Neutralising and Storing Solution

• Panadol Extra Tablets

• Pantene Hair Tonic

• Pholcomed D Linctus

• Pholcomed Pastilles

• Plax Anti-Plaque Pre-Brushing Rinse

• Poli-grip Denture Fixative Cream

• Prymecare Tablets for Soft and Gas Permeable Lenses

• Prymeclean Cleaning Solution for Soft Lenses

• Prymesoak Soaking Solution for Soft Lenses

• Rite-Diet Macaroni in Mushroom Sauce, Low Protein/Gluten Free

• Rite-Diet Spaghetti with Tomato Sauce, Low Protein/Gluten Free

• Rosemary Bath

• Selsun Soft Conditioner

• Sensodyne Toothpaste

• Sionon Sweetener

• Spectraban 4 Lotion

• Temazepam Gelthix Capsules

• Temazepam Planpak

• Unichem Chesty Cough Linctus

• Unichem Children’s Dry Cough Linctus

• Unichem Dry Cough Linctus

• Vagisil Feminine Powder

• Zendium Toothpaste”.

Amendments to Part III of Schedule 3 to the principal Regulations

6.—(1) Part III of Schedule 3 to the principal Regulations(6) shall be amended in accordance with the provisions of this regulation.

(2) In Form A (Application for inclusion in the Pharmaceutical List) the provisions of paragraph 5b(iii) shall be deleted.

(3) After Form A there shall be inserted a new Form A (MR) as follows:—

“FORM A (MR) FOR USE BY CHEMISTSAPPLICATION FOR MINOR RELOCATION OF PHARMACY PREMISES

”.

(4) Forms B and C shall be amended by the insertion after the words “Form A” wherever they occur of the words “/Form A(MR)**” and by the addition of a footnote as follows:—

“**Delete the words which do not apply.”

(5) Form D shall be amended as follows(7):-

(a) after the words “Form A” there shall be inserted the words “/Form A(MR)*”;

(b) For the words from “Entry of your name” to “given on Form A.” there shall be inserted the words—

• “Entry of your name in the pharmaceutical list cannot be confirmed until you have submitted Form B as respects the matters in relation to which you were unable to make affirmative statements in paragraph 2(b) of Form A/Form A(MR).*”.

(6) At the end there shall be added the words “*Delete the words which do not apply.”.

Amendments to Schedule 3A to the principal Regulations

7.—(1) Schedule 3A to the principal Regulations (Provisions further to regulation 28)(8) shall be amended in accordance with this regulation.

(2) In sub-paragraph (4) of paragraph 2 for the words “paragraph (3)” there shall be substituted the words “sub-paragraph (3)”.

(3) At the beginning of sub-paragraph (1) of paragraph 4 there shall be inserted the words “Subject to sub-paragraph (1A),”.

(4) After sub-paragraph (1) of paragraph 4 there shall be inserted a new sub-paragraph as follows:-

“(1A) Any person mentioned in paragraph 1 who was notified of an application under that paragraph but made no written representations to the Board about it shall not be entitled to appeal against a decision of the Board in relation to that application.”.

(5) In paragraph 11(5) for the word “five” there shall be substituted the word “ten”.

Transitional provisions

8.  Where on or before 31st December 1990 an application has been made to which regulation 28 of the principal Regulations applies, or an appeal has been intimated in terms of paragraph 4 of Schedule 3A to the principal Regulations, such application or such appeal shall be dealt with in accordance with the principal Regulations as in force immediately before the coming into force of the amendments effected by these Regulations and as if these Regulations were not in force in relation to that application or that appeal.

Ian Lang

One of Her Majesty’s Principal Secretaries of State

St. Andrew’s House,

Edinburgh

10th December 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st January 1991, amend the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 (“the principal Regulations”) which make the arrangements whereby doctors and chemists provide general medical services and pharmaceutical services under the National Health Service (Scotland) Act 1978.

In general the Regulations amend provisions of the principal Regulations in relation to arrangements for the provision of pharmaceutical services.

Regulation 2 introduces the meaning of “minor relocation” and regulation 3 contains amendments that regulate the procedure for dealing with applications for minor relocation of pharmacy premises including the use of a special application form for such applicants.

Regulation 4 amends the principal Regulations to provide that where a Board approves an application for a minor relocation the name of the applicant can be included in the provisional pharmaceutical list. (The provisions relating to the provisional pharmaceutical list are in regulation 28A of the principal Regulations.)

Regulation 5 deletes one substance from, and adds other substances to, Schedule 2A to the principal Regulations which lists drugs and other substances which cannot be supplied by doctors, or prescribed for supply under pharmaceutical services.

Regulation 6 introduces a new form to be used for applications for minor relocation and effects consequential and minor amendments to the wording of other forms used in connection with applications for entry to pharmaceutical lists.

Regulation 7 makes minor amendments to Schedule 3A to the principal Regulations in relation to the procedure for appeals and regulation 8 makes transitional provisions in relation to applications and appeals made on or before 31st December 1990.

(1)

1978 c. 29; section 19 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 2, by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a) and by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 37; section 27 was amended by the 1980 Act, section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66) (“the 1986 Act”), section 3(3) and by the 1990 Act, Schedule 9, paragraph 19(7); the provisions of sections 19 and 27 are subject to the Health and Medicines Act 1988 (c. 49), section 17; section 105(7), which was amended by the 1983 Act, Schedule 9, paragraph 24, contains provisions, and section 108(1) contains definitions of “prescribed” and “regulations”, relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.I. 1974/506; relevant amending instruments are S.I. 1975/696, 1978/1762, 1981/56, 1982/1279,1985/296, 534, 804, 1625 and 1713, 1986/303, 925, 1507 and 2310, 1987/385 and 1382, 1988/1073 and 2259, 1989/1883 and 1990 and 1990/883.

(3)

Regulation 28 was substituted by S.I. 1987/385 and amended by S.I. 1988/1073.

(4)

Regulation 28A was inserted by S.I. 1989/1883.

(5)

Schedule 2A was inserted by S.I. 1985/296; relevant amending instruments are S.I. 1985/534, 804 and 1713, 1986/303, 925, 1507 and 2310, 1987/1382, 1988/1073 and 2259, 1989/1883 and 1990/883.

(6)

Part III of Schedule 3 was amended by S.I. 1987/385 and 1989/1883.

(7)

Form D was added to S.I. 1989/1883.

(8)

Schedule 3A was inserted by S.I. 1987/385 and amended by S.I. 1989/1883.