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1.—(1) The LPS contractor must comply with all relevant legislation, including—
(a)the relevant provisions of Part 13 of these Regulations; and
(b)relevant provisions that are—
(i)included in regulations under section 225 of the 2007 Act(1) (duties of services-providers to allow entry by Local Healthwatch organisations or contractors), and
(ii)made for the purpose of imposing on a services-provider (within the meaning of that section) a duty to allow authorised representatives (within the meaning of that section) to enter and view, and observe the carrying-on of activities on, premises owned or controlled by the services-provider.
(2) The LPS contractor must comply with the relevant provisions of the Drug Tariff.
(3) The LPS contractor must have regard to all relevant guidance issued by—
(a)the NHSCB; or
(b)the Secretary of State.
(4) To the extent that the provisions of the terms required by this Schedule impose a requirement on the LPS contractor (C) in respect of an activity which could only, or would normally, be undertaken by a natural person—
(a)if C is a registered pharmacist—
(i)C must comply with the requirement, or
(ii)if C employs or engages a registered pharmacist in connection with the provision of local pharmaceutical services under C’s LPS scheme, C must either comply with that requirement or secure compliance with that requirement by the registered pharmacist C employs or engages; or
(b)if C is not a natural person, C must secure compliance with that requirement by the registered pharmacists C employs or engages, and references in this Schedule to an LPS contractor are to be construed accordingly.
Section 225 has been amended by the Health and Social Care Act 2012 (c. 7), section 186(6) to (10), Schedule 14, paragraphs 103 and 106, and Schedule 5, paragraphs 148 and 151.
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