Statutory Instrument 1988 No. 1073 (S.105)

      The National Health Service (General Medical and Pharmaceutical Services and Charges for Drugs) (Scotland) Amendment Regulations 1988


      © Crown Copyright 1988

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STATUTORY INSTRUMENTS

1988 No. 1073 (S.105)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (General Medical and Pharmaceutical Services and Charges for Drugs) (Scotland) Amendment Regulations 1988

Made 20th June 1988
Laid before Parliament 28th June 1988
Coming into force 1st August 1988

    The Secretary of State, in exercise of powers conferred on him by sections 19, 27, 69 and 108(1) of the National Health Service (Scotland) Act 1978[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:
    Citation and commencement
        1.    These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services and Charges for Drugs) (Scotland) Amendment Regulations 1988 and shall come into force on 1st August 1988.
    Amendment of the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974
        2.—(1)  The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974[2]shall be amended in accordance with the following provisions of this regulation.

        (2)  In regulation 28 (pharmaceutical list)[3]
       (a) in paragraph (3) after the words "the application shall" there shall be inserted the words ", subject, in a case falling within sub-paragraph (a) of this paragraph, to the provisions of paragraph (6A),"; and
       (b) after paragraph (6) there shall be inserted the following paragraph:—
        "  (6A)  An application, in any case other than that specified in paragraph (3)(b), which is made by a person who qualified to have his name registered under the Pharmacy Act 1954[4]by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the Board that he has the knowledge of English which, in the interests of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the Board's area." .

        (3)  In Schedule 2A (drugs and other substances not to be supplied by general medical practitioners or prescribed for supply under pharmaceutical services)[5]the following entries shall be deleted:—
    Congesteze Paediatric Syrup
    Congesteze Syrup
    Congesteze Tablets
    Normacol Standard Granules
    Normacol Standard Sugar Free Formula Granules
    Q-Panol Tablets
    ROC Total Sunblock Creams (light and deep tan)
    Trufree Bread Mix
    Trufree Pasta Mix
    Trufree Plain Flour
    Trufree Sweet Biscuit Mix

        (4)  In Schedule 2A each of the following entries shall be inserted at the appropriate point in the alphabetical order:—
    10.10 Cleaning and Disinfecting Solution
    10.10 Rinsing and Neutralising Solution
    AMI-10 Rinsing and Storage Solution
    Amiclear Contact Lens Cleanser Tablets
    Amidose Saline Solution 30ml
    Amin-Aid
    Barnes-Hind Cleaning and Soaking Solution
    Barnes-Hind Intensive Cleaner
    Barnes-Hind No 4 Cleaner
    Barnes-Hind Wetting and Soaking Solution
    Bausch and Lomb Cleaning Tablets
    Bausch and Lomb Daily Lens Cleaner
    Bausch and Lomb Saline Solution
    BC 500 Vitamin Sachets Effervescent
    Bergasol Ultra Protection Tanning Lotion
    Biactol Anti-Bacterial Face Wash
    Boots Baby Oil
    Boots Soft Lens Comfort Solution
    Boots Soft Lens Soaking Solution
    Boston Lens Cleaning Solution
    Boston Lens Wetting and Soaking Solution
    Carnation Slender Meal Replacement (All flavours)
    Clean and Soak
    Coda-Med Tablets
    Contactaclean Cleaning Solution
    Contactasoak Disinfecting and Soaking Solution
    Contactasol Wetting Solution
    Elizabeth Arden Flawless Finish
    Elizabeth Arden Sunblock Cream Factor 15
    Ener-G Gluten-free and Soya-free Macaroon Cookies
    Ener-G Gluten-free and Yeast-free Brown Rice Bread
    Ener-G Gluten-free Rice Peanut-Butter Cookies
    Ener-G Gluten-free Rice Walnut Cookies
    Ener-G Low-Protein and Gluten-free Egg Replacer
    Falkamin
    Flexcare Soft Lens Solution
    Flexsol Solution
    GF Brand Chocolate Nut Cookies
    GF Brand Fruit Bran Biscuits
    GF Brand Ginger Cookies
    GF Brand Gluten-free Coconut Cookies
    GF Brand Gluten-free Pastry Mix
    GF Brand Muesli
    GF Brand Muesli Fruit Biscuits
    Healtheries Rice Crispbread
    Hexidin Solution
    Hydrocare Boiling/Rinsing Solution
    Hydrocare Cleaning and Soaking Solution
    Hydrocare Preserved Saline Solution
    Hydrocare Protein Remover Tablets
    Hydroclean Solution
    Hydron Europe Cleaning Solution
    Hydron Europe Comfort Soaking Solution
    Hydron Europe Solusal
    Hydron Europe Solution Comfort
    Hydrosoak Disinfecting and Soaking Solution
    Hydrosol Comfort Solution
    Infa-Care Baby Bath
    Johnson & Johnson Baby Oil
    Johnson & Johnson Baby Powder
    Junior Disprol Tablets
    Junior Paraclear Tablets
    Kelsoak 2 Solution
    Kelvinol 2 Wetting Solution
    Lactaid Lactase enzyme for milk drops
    Lactaid Lactase enzyme tablets
    Lactaid Lactose reduced skimmed and whole milk UHT
    LC65 Cleaning Solution
    Lensept Solution
    Lensine 5 All In One Solution
    Lensplus Sterile Saline Spray
    Lensrins Solution
    Liquifilm Wetting Solution
    Listerine Antiseptic Mouthwash
    Listermint Mouthwash
    Marvel
    Maxisorb
    Mediclean Soft Lens Solution
    Medisoak Soft Lens Solution
    Milupa 7 Cereal Breakfast
    Milupa Special Formula HN 25
    Minoxidil Lotion
    Mira Flow Soft Lens Solution
    Mira Soak Soft Lens Soaking Solution
    Mira Sol Soft Lens Solution
    Panadol Junior Sachets
    Paraclear Tablets
    Paracodol Capsules
    Paxalgesic Tablets
    Phisoderm
    Piz Buin Childrens Balm SPF 8
    Piz Buin Creme factor 6
    Piz Buin Creme factor 8
    Pix Buin Lip Protection Stick SPF8
    Piz Buin SPF 6 Lotion
    Piz Buin SPF 8 Lotion
    Pliagel Soft Lens Solution
    Preflex Solution
    Prenatol Anti Stretch Mark Cream
    Regaine
    Rite Diet Diabetic Fruit Cake
    Rite Diet Gluten-free Baking Powder
    Rite Diet Gluten-free Crunchy Bars
    Rite Diet Gluten-free Muesli Cookies
    RoC Compact Cleanser
    RoC Foundation Cream
    RoC Vitamin Cream
    Ruthmol
    Savlon Baby Care Cream
    Savlon Baby Care Lotion
    Savlon Baby Care Oil
    Savlon Baby Care Powder
    Savlon Baby Care Shampoo
    Savlon Baby Care Soap
    Selora Sodium-free Salt Substitute
    Soaklens Solution
    Softtab Soft Lens Care Tablets
    Solpadeine Capsules
    Solusol Solution
    Soquette Soaking Solution
    Steri-Clens Solution
    Steri-Solve Soft Lens Solution
    Titan Hard Cleanser
    Total All Purpose Solution
    Transclean Cleaning Solution
    Transdrop
    Transoak Solution
    Transol Solution
    Trufree Crisp Bran
    Vaseline Intensive Care Lotion
    Vaseline Intensive Care Lotion Herbal and Aloe.
    Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1980
        3.—(1)  The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1980[6]shall be amended in accordance with the following provisions of this regulation.

        (2)  In regulation 3 (supply of drugs and appliances by chemists), after paragraph (1) there shall be inserted the following paragraph:—
      "  (1A)  For the purposes of this regulation, where a quantity of a drug ordered on one prescription form is ordered to be supplied by instalments during a period of not more than 14 days, only one charge shall be payable and it shall be payable upon the supply of the first instalment." .


        (3)  In regulation 4 (supply of drugs and appliances by doctors), after paragraph (1) there shall be inserted the following paragraph:—
      "  (1A)  For the purposes of this regulation, where a doctor supplies a quantity of a drug by instalments during a period of not more than 14 days, only one charge shall be payable and it shall be payable upon the supply of the first instalment." .



Michael B Forsyth

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

20th June 1988






EXPLANATORY NOTE

(This note is not part of the Regulations)
    These Regulations amend the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 which regulate the terms on which doctors and chemists provide general medical services and pharmaceutical services under the National Health Service (Scotland) Act 1978.
    Regulation 2(2) provides that (except in cases of minor relocation of premises) an application to a Health Board by a person qualified to have his name registered by virtue of section 4A of the Pharmacy Act 1954 (qualification by European diploma) for inclusion in a list of persons providing pharmaceutical services shall not be granted unless the applicant has the necessary knowledge of English.
    Schedule 2A to the aforementioned Regulations lists drugs and other substances which cannot be supplied by doctors, or prescribed for supply under pharmaceutical services. Regulations 2(3) and (4) delete some drugs and substances from, and add others to, that list.
    These Regulations also amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1980 by providing, that where a supply of a quantity of a drug is made to a patient by way of instalments over a period not exceeding 14 days, only one prescription charge will be payable and it will be payable on the supply of the first instalment.



ISBN 0 11 087073 5




Notes:

[1] 1978 c. 29; section 19 was amended by the Health Services Act 1980 (c. 53) ("the 1980 Act"), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 2, and by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a); section 27 was amended by the 1980 Act, section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66), section 3(3) and by S.I. 1987/2202; section 108(1) contains definitions of "prescribed" and "regulations" relevant to the exercise of the statutory powers under which these Regulations are made. back

[2] S.I. 1974/506; relevant amending instruments are S.I. 1985/296, 534, 804 and 1713, 1986/303, 925, 1507 and 2310, and 1987/385 and 1382. back

[3] Regulation 28 was substituted by S.I. 1987/385 back

[4] 1954 c. 61; section 4A was inserted by S.I. 1987/2202 back

[5] Schedule 2A was inserted by S.I. 1985/296; relevant amending instruments are S.I. 1985/534, 804 and 1713, 1986/303, 925, 1507 and 2310, and 1987/1382 back

[6] S.I. 1980/1674; relevant amending instruments are S.I. 1983/1172 and 1988/365 back

 

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