The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations (except regulation 15) make further provision in connection with the establishment of pilot schemes for the provision of local pharmaceutical services under Chapter I of Part 2 of the Health and Social Care Act 2001.

Part I of the Regulations contains amendments to the National Health Service (Pharmaceutical Services) Regulations 1992 (“the principal Regulations”). The key changes are as follows—

• insertion of a definition of “LPS chemist”, to mean a chemist who provides local pharmaceutical services under a pilot scheme (regulation 3(e));

• amendment of the definition of “pharmacy” to cover premises where local pharmaceutical services are provided (regulation 3(f));

• amendment of regulation 4(4) and 6(1) of the principal Regulations so that, when a Primary Care Trust considers whether it is necessary or desirable to grant an application for the provision of pharmaceutical services, it must take into account any local pharmaceutical services that are provided in that neighbourhood (regulation 5 and 7(a)); and

• amendment of regulation 12 of the principal Regulations so that a Primary Care Trust must take into account the impact of granting an application which falls to be determined under that regulation upon any local pharmaceutical services provided in the neighbourhood (regulation 12(f), (g), (h) and (i)).

Regulation 15 corrects an error in amendments to the principal Regulations made by the National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002, in connection with the substitution of references to “Health Authority or Primary Care Trust” in place of references to “FHSA”.

Part II of the Regulations makes modifications of certain provisions of primary legislation. Regulations 16 to 25 make modifications to the National Health Service Act 1977. In particular, regulation 16 amends section 15 of that Act so as to require a Primary Care Trust to operate procedures for dealing with complaints about the provision of local pharmaceutical services; and regulations 19 and 20 amend sections 44 and 45 of that Act so that a Primary Care Trust may recognise a Local Pharmaceutical Committee which represents both practitioners providing pharmaceutical services and those providing local pharmaceutical services.

Regulation 26 amends the Health Service Commissioners Act 1993 to provide that a person providing local pharmaceutical services may be investigated by the Health Service Commissioner for England, and regulation 27 amends the Health Act 1999 to provide that the Commission for Health Improvement has functions in relation to providers of local pharmaceutical services.

Part III of the Regulations contains amendments to secondary legislation which are consequential upon the implementation of pilot schemes for local pharmaceutical services. In particular, regulation 31 amends the National Health Service (General Medical Services) Regulations 1992, providing that the word “chemist” in those Regulations includes a chemist providing local pharmaceutical services, and making other minor changes.

Regulation 37 amends the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 to provide that a Local Pharmaceutical Committee must, if consulted regarding a proposal for a pilot scheme, consider the effect of the proposal on the provision of pharmaceutical services in their area and advise accordingly.