PART 2 Amendments to the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

Amendment of Part 2 of Schedule 4 to the PLPS Regulations

7.—(1) Part 2 of Schedule 4 to the PLPS Regulations (terms of service of NHS pharmacists – essential services) is amended as follows.

(2) In paragraph 5B(1) (supply in accordance with a PTP or a PTPGD), after sub-paragraph (2) insert—

“(3) Sub-paragraph (1) does not apply where arrangements are in place for the provision of the drug (whether by P or otherwise) ordered pursuant to the PTP or PTPGD as part of a directed service which includes arrangements for the provision of such a drug ordered in accordance with such a PTP or PTPGD.

(4) Sub-paragraph (1A) does not apply where arrangements are in place for the provision of the drug (whether by P or otherwise) requested in accordance with the PTP or PTPGD as part of a directed service which includes arrangements for the provision of such a drug requested in accordance with such a PTP or PTPGD.”.

(3) After paragraph 5B insert—

“Supply in accordance with a LPIV

5C.— (1) Subject to the following provisions of this Part, where—

(a) an NHS Pharmacist (P) receives a LPIV; and

(b) a person who is entitled to be supplied by P with a prescription item ordered on the LPIV requests the provision of the item in accordance with that LPIV,

P must, with reasonable promptness, provide the prescription item so ordered.

(2) If a person who is entitled as mentioned in sub-paragraph (1)(b) asks P to do so—

(a) P must give an estimate of the time when the prescription item will be ready; and

(b) if they are not ready by then, P must give a revised estimate of the time when the item will be ready (until it is ready).

(3) Sub-paragraph (1) does not apply where arrangements are in place for the provision of the item (whether by P or otherwise) ordered on the LPIV as part of a directed service which includes arrangements for the provision of such an item ordered on such a LPIV.”.

(4) In paragraph 8(2) (providing ordered drugs or appliances)—

(a) in sub-paragraph (15), after “paragraph 5” insert “or 5C”; and

(b) in sub-paragraph (17), before “a PTP” insert “a LPIV,”.

(5) In paragraph 9(3) (refusal to provide drugs or appliances ordered)—

(a) in sub-paragraph (5), before “a PTP” insert “a LPIV,”; and

(b) in sub-paragraph (6)—

(i) before “a PTP” insert “a LPIV,”,

(ii) before “the PTP”, at both places, insert “the LPIV,”.

(1)

Inserted by S.I. 2020/1126 and amended by S.I. 2021/169.

(2)

Amended by S.I. 2019/990, 2020/1126 and 2021/169.

(3)

Amended by S.I. 2018/1114, 2019/990, 2020/1126 and 2021/169.