The National Health Service (General Medical Services) Amendment (No. 3) Regulations 2002

Statutory Instruments

2002 No 1768

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (General Medical Services) Amendment (No. 3) Regulations 2002

Made

10th July 2002

Laid before Parliament

11th July 2002

Coming into force

1st August 2002

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:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 3) Regulations 2002 and shall come into force on 1st August 2002.

(2) These Regulations extend to England only(2).

Amendment of Schedule 10 to the National Health Service (General Medical Services) Regulations 1992

2.  In the National Health Service (General Medical Services) Regulations 1992(3), in Schedule 10 (drugs and other substances not to be prescribed for supply under pharmaceutical services)—

(a) the following entries shall be deleted—

• Cow & Gate Nutriprem 2

• Farley’s Premcare; and

  (b)

  the following entries shall be inserted in the correct alphabetical position—

• Boots Glucosamine Sulphate Capsules

• Healthaid Glucosamine Sulphate Tablets

• Lamberts Glucosamine Sulphate Tablets

• Solgar Glucosamine Sulfate Tablets

• Vega Glucosamine Sulphate Capsules

Signed by authority of the Secretary of State for Health

Hunt

Parliamentary Under-Secretary of State,

Department of Health

10 July 2002

Explanatory Note

(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(a) removes two products from, and regulation 2(b) adds five products to, Schedule 10 of the principal Regulations. The effect of a product being listed in Schedule 10 is that it may not be prescribed for supply in the course of pharmaceutical services under the National Health Service Act 1977; the effect, therefore, of a product being removed from Schedule 10 is that it may be so prescribed.

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.

(1)

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; 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).

(2)

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.

(3)

S.I. 1992/635; relevant amending instruments are S.I. 1992/2412, 1993/2421, 1994/2620, 1995/3093, 1997/981, 2000/1645 and 2001/1178.