2003 No. 3236 (W.316)
NATIONAL HEALTH SERVICE, WALES

The National Health Service (Pharmaceutical Services) (Amendment) (No.2) (Wales) Regulations 2003

Made
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 41, 42 , 43 and 126(4) of the National Health Service Act 19771 hereby makes the following Regulations:

Citation, commencement, interpretation and application1.

(1)

These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Amendment) (No.2) (Wales) Regulations 2003 and shall come into force on 12th December 2003.

(2)

In these Regulations “the principal Regulations” (“y prif Reoliadau”) means the National Health Service (Pharmaceutical Services) Regulations 19922.

(3)

These Regulations apply to Wales only.

Amendment of regulation 2 of the principal Regulations2.

(1)

Regulation 2 of the principal Regulations (interpretation) is amended in accordance with the following provisions of this regulation.

(2)

In paragraph (1) insert the following definition in the appropriate place in the alphabetical order —
““Local Health Board” has the meaning assigned to it by section 16BA of the Act3;”.

(3)

After paragraph (1B), insert the following paragraph—

“(1C)

In the application of these Regulations in relation to Wales “Health Authority” shall, in each place where these words occur, have effect as if there were substituted in the words “Local Health Board”.”

Amendment of regulation 12 of the principal Regulations3.

In regulation 12 of the principal Regulations (determination of applications in respect of controlled localities), in paragraph (1)(d) for “FHSA”, in each place where this abbreviation occurs, substitute the words “Local Health Board”.

Amendment of regulation 13 of the principal Regulations4.

In regulation 13 (appeals in connection with determinations under regulation 12), in sub-paragraph (2)(a) for “FHSA”, in each place where this abbreviation occurs, substitute the words “Local Health Board”.

Amendment of regulation 18B of the principal Regulations5.

In regulation 18B of the principal Regulations (reward scheme), in paragraph (1)—

(a)

in sub-paragraph (i)—

(i)

for “immediately informed” substitute “informed”, and

(ii)

after the words “ of this action” insert “as soon as practicable”;

(b)

in sub-paragraph (ii)—

(i)

after “but” insert “had reason to believe at that time or”, and

(ii)

for “within the period of 14 days beginning with the date the order was presented” substitute “as soon as practicable”; and

(c)

at the end of the fall out words, add “which has thereafter established that the order referred to in this paragraph was not a genuine order for the person named on the prescription form”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19984
D. Elis-Thomas
The Presiding Officer of the National Assembly
(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Pharmaceutical Services) Regulations 1992 (S.I.1992/662) (“the principal Regulations”) which govern the arrangements the provision of pharmaceutical services under the National Health Service Act 1977.

Regulation 2 of the principal Regulations is amended so that references to a “Health Authority” will be treated as a reference to a “Local Health Board”.

Regulations 12 and 13 are amended so that references to a Local Health Board are substituted for references to an “FHSA”.

These Regulations also make amendments to Regulation 18B of the principal Regulations (reward scheme).