The National Health Service (Pharmaceutical Services) Regulations 2012

PART 13 Miscellaneous

Sharing of information by home Primary Care Trusts

99.—(1) The home Primary Care Trust of a body corporate that is an NHS chemist (C), or that is applying to be an NHS chemist, may share information that it holds about that body corporate with any other Primary Care Trust, where doing so is for the purpose of assisting that Primary Care Trust in the performance of its functions—

(a) under these Regulations; or

(b) in respect of arrangements for the provision of local pharmaceutical services.

(2) Where a home Primary Care Trust receives information by virtue of paragraph 31 of Schedule 4 or paragraph 21 of Schedule 5, or under arrangements for the provision of local pharmaceutical services, it must consider the information and decide whether it raises any questions about the continued listing of C in a relevant list.

(3) If the home Primary Care Trust is of the opinion that the information does raise a question about C’s continued listing, it must make a recommendation about the appropriate action to be taken (if any) in relation to C.

(4) The recommendation must set out all the relevant facts and shall be fully reasoned.

(5) The home Primary Care Trust must pass any of the information provided by C and any recommendation it has made under paragraph (3) to any other Primary Care Trust—

(a) in whose pharmaceutical list C is included; or

(b) with which C has made arrangements for the provision of local pharmaceutical services,

where requested to do so by the Primary Care Trust, within 30 days of receiving such a request.

Notification by a Primary Care Trust of changes to its pharmaceutical lists

100.  Where, in accordance with the provisions of these Regulations, the 2005 Regulations (as they continue to have effect by virtue of Schedule 7) or the 2006 Act, a Primary Care Trust—

(a) removes a person from its pharmaceutical list or dispensing doctor list; or

(b) removes the listing of premises in relation to a person on its pharmaceutical list or dispensing doctor list,

it must notify the person of the change to its list that has taken place.

Proceedings with regard to overridden arrangements during an emergency requiring the flexible provision of pharmaceutical services

101.  Where, during an emergency requiring the flexible provision of pharmaceutical services, arrangements for the provision of pharmaceutical services are overridden by temporary arrangements—

(a) any proceedings with regard to the overridden arrangements are unaffected by that overriding (although they may need to be stayed during the emergency for other reasons); and

(b) if as a result of those proceedings the overridden arrangements require amendment before the end of the temporary arrangements, when the emergency ends, the reversion to overridden arrangements is to be to the original overridden arrangements as amended as a result of those proceedings.

Authorised persons to apply for services

102.  An application to an NHS chemist for pharmaceutical services may be made (other than by the NHS chemist concerned)—

(a) on behalf of a child by either parent, or in the absence of both parents, the guardian or other person who has care of the child;

(b) on behalf of any person, other than a child under the age of 18 years of age who is—

(i) in the care of an authority to whose care that person has been committed under the Children Act 1989(1), by a person duly authorised by that authority, or

(ii) in the care of a voluntary organisation, by that organisation or a person duly authorised by them;

(c) on behalf of any adult who is incapable of making such an application or authorising such an application to be made on their behalf, by a relative or the primary carer (who may be an adult or an organisation) of that person; or

(d) on behalf of any other person by a duly authorised person.

Transitional provisions

103.  The transitional provisions set out in Schedule 7 have effect.

Amendments and revocations

104.  The amendments to and revocations of enactments set out in Schedule 8 have effect.

Review of these Regulations

105.  Before the end of the period of five years beginning with the appointed day, the Secretary of State must—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(1)

1989 c. 41.