Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND
Made
26th March 2001
Laid before Parliament
27th March 2001
Coming into force
17th April 2001
The Secretary of State for Health, in exercise of the powers conferred on him by sections 29 and 126(4) of the National Health Service Act 1977(1) hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 2) Regulations 2001 and shall come into force on 17th April 2001.
(2) These Regulations extend to England only(2).
2.—(1) In Schedule 10 of the National Health Service (General Medical Services) Regulations 1992(3), the following entries shall be deleted:
Nicabate Nicotine Transdermal Patch
Nico Patch
Nicodex Patch
Niconil Transdermal Patch
Nicorette
Nicorette Nasal Spray
Nicorette Patch
Nicorette Plus
Nicostop Patch
Nicotine Patch (QHR Limited)
Nicotinell Gum
Nicotinell TTS Patches
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
26th March 2001
(This note is not part of the Regulations)
These Regulations further amend the National Health Service (General Medical Services) Regulations 1992 (“the principal Regulations”) which regulate the terms on which doctors provide general medical services under the National Health Service Act 1977.
Regulation 2 deletes specified nicotine replacement therapy products from the list in Schedule 10 to the principal Regulations, which lists the drugs and other substances which may not be prescribed for supply in the course of pharmaceutical services under the1977 Act.
As a result of the transfer of certain functions of the Secretary of State in relation to Wales to the National Assembly for Wales, these amendments apply to England only.
1977 c. 49; see section 128(1), as amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 26(2)(g) and (i); and by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 38(2), for the definitions of “prescribed” and “regulations”. Section 29 was extended by the Health and Medicines Act 1988 (c. 49), section 17; and amended by the Health Services Act 1980 (c. 53), sections 1 and 7 and Schedule 1, paragraph 42(b); by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2, by the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a), by S.I. 1985/39, article 7(3); by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 18; and by the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 8. Section 126(4) was amended by the 1990 Act, section 65(2) and the 1999 Act, Schedule 4, paragraph 37(6).
As regards Wales, the functions of the Secretary of State under sections 15(1), 29 and 126(4) of the 1977 Act were transferred to the National Assembly for Wales under S.I. 1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66.
S.I. 1992/635; relevant amending instruments are S.I. 1992/2412, 1993/2421, 1994/2620, 1997/981 and 2000/1645.