The National Health Service (Pharmaceutical Services) Amendment Regulations 1995

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the National Health Service (Pharmaceutical Services) Amendment Regulations 1995 and shall come into force on 1st April 1995.

(2)In these Regulations “the principal Regulations” means the National Health Service (Pharmaceutical Services) Regulations 1992.

2Amendment of regulation 16 of the principal Regulations#

In regulation 16(2) of the principal Regulations (supplemental services), for sub-paragraph (a) there shall be substituted the following sub-paragraph—“a in relation to homes registered under the Registered Homes Act 1984 or in respect of which registration is, by virtue of section 1(5)(j) of that Act, not required—i giving advice, in connection with the safe keeping and correct administration of drugs provided to persons resident in such a home, to the person appearing to the chemist to be in charge of the home, or to the person authorised by that person to control such safe keeping and correct administration, andii keeping records of visits to such homes;”

3Amendment of regulation 16A of the principal Regulations#

In regulation 16A(2)(b) of the principal Regulations (additional professional services), the words “, posters and publications” shall be omitted.

4Amendment of regulation 18 of the principal Regulations#

(1)Regulation 18 of the principal Regulations (standards of, and payments for, drugs and appliances) shall be amended as follows.

(2)In paragraph (1), after the words “and which” there shall be inserted the words “(subject to paragraph (1A))”.

(3)After paragraph (1) there shall be inserted the following paragraph—“1A The Drug Tariff may state in respect of any specified fee falling within paragraph (1)(g), or any other specified fee, allowance or other remuneration in respect of the provision of pharmaceutical services by chemists included in the pharmaceutical list of an FHSA, that the determining authority for that fee, allowance or other remuneration for those chemists is the FHSA, and in such a case paragraphs (4) and (5) shall apply.”

(4)After paragraph (3) there shall be inserted the following paragraphs—“4 The FHSA shall consult the Local Pharmaceutical Committee before making any determination by virtue of paragraph (1A).5 A determination made by the FHSA by virtue of paragraph (1A) shall include the arrangements for claiming the specified fees, allowances or other remuneration, and shall be published by the FHSA in whatever way it thinks suitable for bringing that determination to the attention of the chemists included in its pharmaceutical list.”

5Amendment of regulation 22 of the principal Regulations#

In regulation 22(1) of the principal Regulations (publication of particulars), the word “and” at the end of sub-paragraph (c) shall be omitted and at the end of sub-paragraph (d) there shall be inserted—“ande determinations made by the FHSA by virtue of regulation 18(1A);”

6Amendment of regulation 24 of the principal Regulations#

At the end of regulation 24(1) of the principal Regulations (claims and overpayments), there shall be inserted the words “or, as the case may be, in accordance with any arrangements for claiming them included in a determination made by the FHSA by virtue of regulation 18(1A).”.

7Amendment of Part II of Schedule 2 to the principal Regulations#

(1)Part II of Schedule 2 to the principal Regulations (terms of service for chemists) shall be amended as follows.—

(2)In paragraph 3(3) (provision of pharmaceutical services), for the words “sub-paragraphs (3), (4) and (5)” there shall be substituted the words “sub-paragraphs (4) to (12)”.

(3)In paragraph 4 (premises and hours)—

(a)at the end of sub-paragraph (2)(b) there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;

(b)at the end of sub-paragraph (3) there shall be inserted the words “; “working day” means Monday to Saturday excluding a Good Friday, Christmas Day or a bank holiday which falls on any such day; and “an early closing day” means any working day when most shops in the neighbourhood are habitually closed after the hour of 13.00.”;

(c)in sub-paragraph (4), after the words “such services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;

(d)in sub-paragraph (7)(b), for the word “chemist”there shall be substituted the word “pharmacist”, and after the words “such services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;

(e)in sub-paragraph (18), after the words “pharmaceutical services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;

(f)in sub-paragraph (20)(b), after the words “pharmaceutical services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”; and

(g)after sub-paragraph (24) there shall be inserted the following sub-paragraphs—“25 Where it appears to the FHSA, after consultation with the Local Pharmaceutical Committee, that the times at which a pharmacist is available—a on working days before the hour of 09.00 or after the hour of 17.30 (or 13.00 on an early closing day); orb on any Sunday, Good Friday, Christmas Day or bank holiday,are not adequate to meet the needs of persons in the neighbourhood for pharmaceutical services at those times or on those days, the FHSA may (subject to sub-paragraphs (26) to (28)) direct the chemist to revise the times at which the pharmacist is to be available in the manner specified in the direction.26 No direction shall be given under sub-paragraph (25) unless a fee, allowance or other remuneration to be paid to any chemist so directed is included in the Drug Tariff or has been determined by the FHSA by virtue or regulation 18(1A) (as the case may be).27 Before giving any direction under sub-paragraph (25) the FHSA shall—a give notice to the chemist of the revised times at which it proposes the pharmacist is to be available; andb allow the chemist 30 days within which to make representations to the FHSA about its proposals,and shall take any such representations into account.28 The FHSA shall notify the chemist in writing of a direction under sub-paragraph (25), and shall include with the notification of a statement in writing of the reasons for its direction and of the chemist’s right of appeal under sub-paragraph (29).29 A chemist may, within 30 days of receiving notification under sub-paragraph (28), appeal in writing to the Secretary of State against a direction under sub-paragraph (25).30 Sub-paragraphs (11) and (12) shall apply to any appeal made under sub-paragraph (29) but as though any reference to a determination—a in sub-paragraph (11) were to a direction; andb in sub-paragraph (12) were to a decision.31 A chemist in respect of whom a direction is given under sub-paragraph (25) shall revise the times of availability of the pharmacist so as to give effect to the direction—a where the direction is given by the FHSA and no appeal is made, not later than 8 weeks after the date on which he receives notification under sub-paragraph (28); orb where the direction is given or confirmed on appeal, not later than 8 weeks after the date on which he receives notification of the Secretary of State’s decision.”

(4)In paragraph 8 (remuneration of chemists)—

(a)in sub-paragraph (2), after the words “Drug Tariff” there shall be inserted the words “or in accordance with any determination made by virtue of regulation 18(1A)”; and

(b)in sub-paragraph (2A), after the words “Drug Tariff” there shall be inserted the words “or by any determination made by virtue of regulation 18(1A)”.

(5)Paragraph 9 (fair wages for staff) shall be omitted.

8Amendment of Part III of Schedule 2 to the principal Regulations#

In paragraph 11A(3) of Schedule 2 to the principal Regulations (terms of service for doctors who provide pharmaceutical services), for the words “drugs, medicines,” there shall be substituted the words “drugs or medicines”.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 3

Show every defined term

an early closing day
means any working day when most shops in the neighbourhood are habitually closed after the hour of 13.00.”;
the principal Regulations
means the National Health Service (Pharmaceutical Services) Regulations 1992.
working day
means Monday to Saturday excluding a Good Friday, Christmas Day or a bank holiday which falls on any such day;

The National Health Service (Pharmaceutical Services) Amendment Regulations 1995

1Citation, commencement and interpretation#

2Amendment of regulation 16 of the principal Regulations#

3Amendment of regulation 16A of the principal Regulations#

4Amendment of regulation 18 of the principal Regulations#

5Amendment of regulation 22 of the principal Regulations#

6Amendment of regulation 24 of the principal Regulations#

7Amendment of Part II of Schedule 2 to the principal Regulations#

8Amendment of Part III of Schedule 2 to the principal Regulations#

Defined terms · 3

Key facts

Connections

History · 1 version

1Citation, commencement and interpretation#

2Amendment of regulation 16 of the principal Regulations#

3Amendment of regulation 16A of the principal Regulations#

4Amendment of regulation 18 of the principal Regulations#

5Amendment of regulation 22 of the principal Regulations#

6Amendment of regulation 24 of the principal Regulations#

7Amendment of Part II of Schedule 2 to the principal Regulations#

8Amendment of Part III of Schedule 2 to the principal Regulations#