The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1990

Statutory Instruments

1990 No. 883 (S.116)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1990

Made

6th April 1990

Laid before Parliament

10th April 1990

Coming into force

1st May 1990

The Secretary of State, in exercise of powers conferred on him by sections 19, 27 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 Regulations 1990 and shall come into force on 1st May 1990.

(2) In these Regulations “the principal Regulations” means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(2), and “the amending Regulations” means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1989(3).

Amendments to the principal Regulations

2.—(1) In regulation 4C (local directory of family doctors) of the principal Regulations as inserted by regulation 5 of the amending Regulations, for paragraph (4), there shall be substituted the following:–

“(4) A doctor shall, in respect of each Local Directory in which information about him is recorded, provide to the Board not later than one month following receipt of a request in writing from the Board, so much of the information specified in sub-paragraphs (b) to (h) of paragraph (1) as may be so requested.”.

(2) In Part I of Schedule 1 to the principal Regulations (terms of service for doctors)–

(a) in paragraph 10A(1) (newly registered patients) as inserted by paragraph 8 of Schedule 1 to the amending Regulations, for the words “Subject to sub-paragraphs (4) to (10)”, there shall be substituted the words “Subject to sub-paragraphs (4) to (9)”; and

(b) the new paragraph 12A (employees) inserted by paragraph 11 of Schedule 1 to the amending Regulations shall be numbered “12B” instead of “12A”.

3.  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)(4)–

(a) the following entries shall be deleted:–

• “Acid Gentian Mixture with Nux Vomica BPC

• Acid Nux Vomica Mixture BPC

• Alkaline Gentian Mixture with Nux Vomica BPC

• Alkaline Nux Vomica Mixture BPC

• Linoleic Acid—Naudicelle, Efamol, Evening Primrose Oil”; and

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

• “Benylin Chesty Cough Linctus

• Benylin Children’s Cough Linctus

• Benylin Dry Cough Linctus

• Cow & Gate Babymeals Stage One

• Cupal Nail Bite Lotion

• Efamol

• Elizabeth Arden Sunscience Superblock Cream spf 34

• Evening Primrose Oil

• Fairy Household Liquid

• Galake Tablets

• Gentian Acid Mixture with Nux Vomica

• Gentian Alkaline Mixture with Nux Vomica

• GF Dietary Low Protein Pizza Mix with Tomato Topping Mix and Baking Dish

• GF Dietary Low Protein Vegetable Burgers in low protein sauce

• GF Dietary Low Protein Vegetable Casserole

• Hermesetas (blue)

• Hermesetas Gold

• Hermesetas Light

• Hermesetas Liquid Sweetener

• Hermesetas Sprinkle Sweet

• Jordans Crunchy Bar

• Junior Disprol Suspension

• Linoleic acid

• Lypsyl Lemon

• Lypsyl Mint

• Lypsyl Original

• Max Factor Face Powder

• Max Factor Pan-Stik

• Morny Lavender Talc

• Naudicelle

• Nux Vomica Acid Mixture

• Nux Vomica Alkaline Mixture

• Panaleve Junior

• Paramin Capsules

• Phillips' Toothpaste

• Salzone Syrup”.

Michael B. Forsyth

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

6th April 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st May 1990, amend the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 (“the principal Regulations”) which regulate the terms on which doctors and chemists provide general medical services and pharmaceutical services under the National Health Service (Scotland) Act 1978.

Regulation 2 amends those provisions of the principal Regulations which came into force as a result of the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1989 in relation to the provision of general medical services. Two of the amendments are minor in nature and the third, which does not affect the intention of the provisions, relates to the provision by doctors of information for inclusion in the Local Directory of Family Doctors.

Schedule 2A to the principal Regulations lists drugs and other substances which cannot be supplied by doctors, or prescribed for supply under pharmaceutical services. Regulation 3 deletes certain substances from, and adds other substances to, that Schedule.

(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, and by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a); section 27 was amended by the 1980 Act, section 20(2), and by the National Health Service (Amendment) Act 1986 (c. 66), section 3(3); the provisions of sections 19 and 27 are subject to the Health and Medicines Act 1988 (c. 49), section 17; see section 108(1) for definitions of “prescribed” and “regulations”.

(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.

(3)

S.I. 1989/1990.

(4)

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 and 1989/1883.