Statutory Instrument 1987 No. 401

The National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1987

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© Crown Copyright 1987

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1987 No. 401

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1987

The Secretary of State for Social Services, in exercise of powers conferred on him by sections 16(1), 41 and 42 of and paragraph 12 of Schedule 5 to the National Health Service Act 1977^[1] and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971^[2], hereby makes the following Regulations:—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 2) Regulations 1987 and shall come into force on 1st April 1987.

    (2)  In these Regulations "the principal regulations" means the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974^[3].

Amendment to principal Regulations
    2.—(1)  The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

    (2)  For regulation 26 there shall be substituted the following regulation:—

"Pharmaceutical lists
    26.    —(1)  The Committee shall prepare lists, to be called the pharmaceutical lists, of the persons, other than medical practitioners and dental practitioners—
(a) whose applications to be included in a pharmaceutical list have been granted by the Committee subject to and in accordance with the following provisions of this regulation, and who accordingly undertake to provide pharmaceutical services from premises in the Committee's locality by way of the supply of drugs;

(b) whose applications to be included in a pharmaceutical list have been granted by the Committee subject to and in accordance with the following provisions of this regulation, and who accordingly undertake to provide pharmaceutical services from premises in the Committee's locality by way of the supply of appliances;

(c) with whom the Committee has for the time being entered into arrangements for the provision in the Committee's locality of oxygen concentrator services in accordance with regulation 26D,

and each such list shall contain the addresses of premises from which those services are provided and the particulars of the days and hours at which those premises are open for such provision.
    (2)  A person, other than a medical practitioner, dental practitioner or person wishing to be included in the pharmaceutical list for the provision of oxygen concentrator services—
(a) who wishes to be included in a pharmaceutical list for the provision of pharmaceutical services, other than oxygen concentrator services, from premises in the Committee's locality; or

(b) who is already included in a pharmaceutical list but wishes—
(i) to open, within the Committee's locality, additional premises from which to provide the same or different pharmaceutical services, or

(ii) to change the premises from which he provides pharmaceutical services to premises within that locality from which he wishes to provide the same or different pharmaceutical services,

(iii) to provide from his existing premises in that locality pharmaceutical services other than those already listed in relation to him,

shall apply to the Committee in the form set out in Part II to Schedule 4 to these regulations; and in the following provisions of this regulation "applicant" and "application" shall be construed accordingly.

    (3)  In the case of an application to which paragraph (1)(a) or (b) applies, where the applicant intends—
(a) to change within the neighbourhood the premises from which he provides pharmaceutical services, being the same services as he intends to provide from the new premises, and the Committee is satisfied that the change is a minor relocation; or

(b) to provide pharmaceutical services at premises from which those services are, at the time of the application, provided by a person who is included in a pharmaceutical list prepared by the Committee in accordance with paragraph (1)(a) or (b) and the Committee is satisfied that the same services will be provided from those premises,

and, in either case, the provision of pharmaceutical services will not be interrupted (except for any period during which, under the provisions of any such scheme made under regulation 29(1)(b) which applies to him, or any such longer period as the Committee may for good cause allow, the provision of such services is not required), the application shall be granted by the Committee in accordance with the provisions of Schedule 4C to these regulations.

    (4)  An application in any case other than those specified in paragraph (3) shall be granted by the Committee only if the Committee is satisfied in accordance with the provisions of Schedule 4C to these regulations that it is necessary or desirable to grant the application in order to secure in the neighbourhood in which the premises are located, and from which he intends to provide services, the adequate provision by persons included in the list of the services, or some of the services, specified in the application.

    (5)  Any application to a Committee may be granted in respect of some only of the services specified in it.

    (6)  Where an application is one which must be referred to the Rural Dispensing Committee under regulation 26A^[4], that application shall be considered in accordance with regulation 26A or 26B^[4], and shall be referred to the Committee for decision under paragraph (3) or (4) above only if the application is finally granted.

    (7)  Where an application is granted by the Committee, the applicant shall be included in the relevant pharmaceutical list or lists only if, not less than 14 days before the expiry of six months after the date on which the grant was notified to him by the Committee in accordance with the provisions of Schedule 4C to these regulations, or such further period, not exceeding 24 months, as the Committee may for good cause allow, he notifies the Committee, in the form set out in Part III of Schedule 4 to these regulations, that he will, within the next 14 days, commence the provision of those services at the premises to which the application related.

    (8)  Where, at any time after making the application, but before the expiry of the six months or such further period mentioned in paragraph (7), the applicant notifies the Committee that he intends to change within the neighbourhood the premises from which he intends to provide pharmaceutical services, being the same services named in the application, and the Committee is satisfied that the change is a minor relocation, the Committee may, subject to the provisions of Schedule 4C to these regulations, amend the premises named in the original application." .




    (3)  In regulation 27 (removal from the pharmaceutical list)—
 (a) for the words "the pharmaceutical list" in the six places where they occur, there shall be substituted the words "a pharmaceutical list";
 (b) in paragraph (4)(a), after the words "a chemist" there shall be inserted the words "to apply".

    (4)  In regulation 28 (standards of and payments for drugs and applicances), after paragraph (3)^[5] there shall be added the following paragraph:—
"  (4)  A chemist who is included in a pharmaceutical list shall supply, in response to a request from the Secretary of State and within one month of the notification of the request, any information which the Secretary of State may require for the purpose of conducting any inquiry into the prices, payments, fees, allowances and remuneration specified in paragraph (1)(e) to (i)." .



    (5)  In regulation 29 (schemes for securing proper pharmaceutical services)—
 (a) in each of paragraph (3) and paragraph (4), after the words "such scheme" there shall be inserted the words "prepared under paragraph (1)(a)";
 (b) after paragraph (4) there shall be added the following paragraph:—
"  (5)  Any scheme made under paragraph (1)(b) shall provide that, where the Local Pharmaceutical Committee ("Local Committee"), or any person who is included in a pharmaceutical list, is aggrieved by a decision of the Committee pursuant to that scheme, that Local Committee or person may appeal to the Committee, and that any such appeal—
(a) shall be sent to the Committee within 21 days from the date on which notification of the Committee's decision was received by that Local Committee or person;

(b) shall be determined in accordance with paragraph 4(3) to (6) and paragraphs 13 and 14 of Schedule 4C to these regulations as if it were an appeal pursuant to paragraph 4(1) of that Schedule." .


    (6)  In regulation 30C (functions of the dispensing sub-committee) for the reference to "regulations 26, 26A to C," there shall be substituted a reference to "regulations 26A to C."

    (7)  In regulation 31 (publication of particulars) for the words "pharmaceutical list" in the three places in which they occur, there shall be substituted the words "pharmaceutical lists".

    (8)  In Part I of Schedule 4 (terms of service for chemists)—
 (a) for paragraph 3 there shall be substituted the following paragraph:—

"Premises and hours
    3.—(1)  Pharmaceutical services shall be provided—
(a) at each of the premises from which the chemist has undertaken to provide pharmaceutical services;

(b) during the hours specified in the scheme made by the Committee under regulation 29.


    (2)  At each of the premises at which a chemist provides pharmaceutical services he shall exhibit—
(a) a notice provided by the Committee in the form set out in Part IV or Part V of this Schedule;

(b) at times when the premises are not open, and in such manner as to be legible from outside the premises, a notice to be provided by the Committee in the form prescribed in Part VI of this Schedule giving the addresses of other chemists included in the same pharmaceutical list whose premises are required to be open in accordance with the said scheme at such times, and the times at which they are so open." .



 (b) in paragraph 4 (dispensing of medicines and fitting of appliances), in sub-paragraph (1) for the words from "disqualified for inclusion" to "of the Act" there shall be substituted the words "disqualified for inclusion in a pharmaceutical list under section 46 of the National Health Service Act 1977";
 (c) in paragraph 11 (withdrawal from pharmaceutical list) for the words "the pharmaceutical list" in the first place in which it occurs there shall be substituted the words "a pharmaceutical list".

    (9)  For Parts II and III of Schedule 4 there shall be substituted Parts II and III of that Schedule set out in Schedule 1 to these Regulations.

    (10)  After Schedule 4B^[6] there shall be inserted the Schedule set out in Schedule 2 to these Regulations.

Transitional provisions
    3.—(1)  Where, before the coming into operation of these Regulations, an application is made to a Committee to which regulation 26, 26A, 26B or 26C of the principal Regulations, as in force immediately before that date, applies, but is not determined before that date, the application shall be determined by the Committee in accordance with the provisions of the principal Regulations as in force immediately before that date.

    (2)  Where preliminary consent pursuant to regulation 26B of the principal Regulations has been granted to an applicant under that Regulation, as in force immediately before the coming into operation of these Regulations, before that date or, by virtue only of paragraph (1) above, after that date, any application to which regulation 26C of the principal Regulations applies made on or after that date shall be determined in accordance with the provisions of the principal Regulations as in force immediately before that date.

Revocations
    4.    Regulation 3(11) of the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1975^[7] (which inserted regulation 26(3) of the principal Regulations), regulation 2(3)(b) of the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1983^[8] (which inserted regulation 26(4) of the principal Regulations) and regulation 2(4)(b) and (c) of the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 4) Regulations 1985^[9] (which substituted regulation 26(2) of, and inserted regulation 26(5) to, the principal Regulations) are hereby revoked.

Signed by authority of the Secretary of State for Social Services

Tony Newton

Minister of State, Department of Health and Social Security

11th March 1987

[1] 1977 c. 49; section 41 was amended by the Health Services Act 1980 (c. 53) sections 1, 2 and 20(1) and Schedule 1, paragraphs 53 and 95 and modified by S.I. 1985/79, section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3; see section 128(1) of the National Health Service Act 1977 for the definition of "regulations". back

[2] 1971 c. 62. back

[3] S.I. 1974/160; the relevant amending instruments are S.I. 1975/719, 1982/288, 1983/313, 1985/39, 955. back

[4] See S.I. 1983/313, regulation 2(4). back

[5] See S.I. 1985/955, regulation 2(6). back

[6] See S.I. 1983/313, regulation 2(9). back

[7] S.I. 1975/719. back

[8] S.I. 1983/313. back

[9] S.I. 1985/995. back

Explanatory Note