6. In regulation 11 (terms of service of NHS chemists: general), after paragraph (2) insert—
“(3) A term of service of an NHS chemist that would otherwise be part of the arrangements mentioned in paragraphs (1) and (2) is temporarily not part of those arrangements, in the particular circumstances mentioned in sub-paragraph (c)(ii) and during the period mentioned in sub-paragraph (c)(iii), in the following circumstances—
(a)as a consequence of a disease being, or in anticipation of a disease being imminently—
(i)pandemic, and
(ii)a serious risk or potentially a serious risk to human health,
the NHSCB with the agreement of the Secretary of State has made an announcement in respect of the prioritisation of services to be provided in, or in any part of, England as part of the health service;
(b)the prioritisation is in order to assist in the management of the serious risk or potentially serious risk to human health;
(c)as part of the announcement, the NHSCB with the agreement of the Secretary of State has issued advice to the effect that NHS chemists are not to comply with a specified term of service—
(i)in the area to which the announcement relates,
(ii)in the circumstances specified in the announcement, and
(iii)during the period specified in the announcement; and
(d)the NHS chemist is situated in the area to which the announcement relates and compliance with the term of service (it being the specified term of service) would, but for the effect of this paragraph, be a requirement of the NHS chemist’s terms of service.”.