The National Health Service (Pharmaceutical Services) (Appliances) (Amendment) Regulations 2009

PART 5 Transitional arrangement

Transitional arrangement

23.—(1) This regulation has effect only in relation to the provision of pharmaceutical services at any time before the end of the transitional period by any pharmacist or supplier of appliances whose name was, immediately before 1st April 2010, already on a pharmaceutical list maintained by a Primary Care Trust under the principal Regulations.

(2) Subject to paragraph (3), during the transitional period the pharmacist or supplier of appliances is not bound by such amendments to terms of service as are made by these Regulations, if they choose instead to comply with the terms of service as they had effect prior to those amendments (in these circumstances, the terms of service that are binding upon them are the terms of service as they had effect on 31st March 2010).

(3) Paragraph (2) does not apply in any case where the pharmacist or supplier of appliances proposes to enter into new arrangements, which are to be made in accordance with the Pharmaceutical Services (Advanced Services) (Appliances) (England) Directions 2009(1), to provide services for stoma appliance customisation or appliance use reviews (or has entered into such arrangements).

(4) Nothing in this regulation affects the duty of a pharmacist or supplier of appliances—

(a) before the end of the transitional period, to comply with the terms of service as they otherwise have effect; and

(b) at or after the end of the transitional period, to comply with the terms of service as amended by these Regulations.

(5) In this regulation—

“the terms of service”—

(a)

in relation to a pharmacist, means the terms of service set out in Schedule 1 to the principal Regulations;

(b)

in relation to a supplier of appliances, means the terms of service set out in Schedule 3 to the principal Regulations; and

“transitional period” means the nine month period that ends at the end of 31st December 2010.

(1)

Available on the Department of Health’s website, www.dh.gov.uk.