"medical performers list" means a list of doctors prepared and published pursuant to regulations 3(1) of the National Health Service (Performers Lists) Regulations 2004[10];".

    "Nursing and Midwifery Register" means the register maintained by the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001[11];",

    "patient list" means a list of a patients kept by a Primary Care Trust - 

      (i) in respect of a GMS contractor , in accordance with paragraph 14 of Schedule 6 to the GMS Regulations, or

      (ii) in respect of a PMS contractor, in accordance with paragraph 13 of Schedule 5 to the PMS Regulations;";

    "PMS agreement" means an agreement made under section 28C of the Act [12];",

    "PMS contractor" means a party to a PMS agreement;",

    "the PMS Regulations" means the National Health Service (Personal Medical Services Agreements) Regulations 2004[13];",

    "Patients' Forum" means a body established under section 15(1) of the National Health Service Reform and Health Care Professions Act 2002 [14],"

    "prescriber" means a doctor, an independent nurse prescriber or a supplementary prescriber;",

    "the Prescription of Drugs Regulations" means the National Health Service (General Medical Services Contracts)(Prescription of Drugs etc.) Regulations 2004[15];",

    "relevant GMS contractor", in relation to any doctor means the GMS contractor by whom the doctor is employed or engaged;",

    "relevant PMS contractor", in relation to any doctor means the PMS contractor by whom the doctor is employed or engaged;",

    "relevant patient list" means, in relation to a doctor who is (or is a legal and beneficial shareholder in a company which is) a GMS contractor or a PMS contractor, the patient list for that contractor or, where he is not a contractor, means the patient list for the GMS contractor or PMS contractor by whom he is engaged or employed;",

    "relevant register" means - 

    (a) in relation to a nurse, the Nursing and Midwifery Register, and

    (b) in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 (the registers and registration) or the register maintained in pursuance of articles 6 (the registers) and 9 (the registrar) of the Pharmacy (Northern Ireland) Order 1976;";

    "repeatable prescriber" means a prescriber who is - 

    (a) a GMS contractor who provides repeatable prescribing services under the terms of its contract which give effect to paragraph 40 of Schedule 6 to the GMS Regulations;

    (b) a PMS contractor who provides repeatable prescribing services under the terms of its agreement which give effect to paragraph 39 of Schedule 5 to the PMS Regulations; or

    (c) employed or engaged by a GMS contractor who provides repeatable prescribing services under the terms of a contract which give effect to paragraph 40 of Schedule 6 to the GMS Regulations or by a PMS contractor who provides repeatable prescribing services under the terms of an agreement which give effect to paragraph 39 of Schedule 5 to the PMS Regulations;".

    (2) For regulation 2(1B) substitute - 

        " (1B) In these Regulations - 

      (a) the term "pharmaceutical services", in relation to a doctor, means those services referred to in regulation 20; and

      (b) the term "dispensing services", in relation to a doctor or to a GMS contractor or a PMS contractor means, any corresponding service provided, not as pharmaceutical services, but under the terms of a GMS contract which give effect to paragraphs 47 to 51 of Schedule 6 to the GMS Regulations or under the terms of a PMS agreement which give effect to paragraphs 45 to 51 of Schedule 5 to the PMS Regulations.".

    (3) After regulation 2(4) add - 

        " (5) For as long as there are in existence - 

      (a) contracts entered into under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004[16] ("default contracts") in respect of such contracts any reference to a GMS contract shall be read as including a reference to a contract entered into under that article and any reference to a term of a GMS contract shall be read as including a reference to the equivalent term in the default contract;

      (b) transitional agreements as defined in article 1(4) of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004[17], any reference in these Regulations to a PMS agreement shall be read as including a reference to any equivalent term in the transitional agreement.".

Omission of regulation 2A
     3. Regulation 2A is omitted.

Amendment of regulation 5
     4. In regulation 5(1)(e) (notification of applications), for the words "Community Health Council" substitute the words "Patients' Forum".

Amendment of regulation 6
     5. For regulation 6(6) (determination of applications) substitute - 

Amendment of regulation 7
     6. In regulation 7(1)(a)(vi) (notification of decisions) for the words "Community Health Council" substitute the words "Patients' Forum".

Amendment of regulation 9
     7.  - (1) In regulation 9(5) (determination of controlled locality), for the word "doctor" substitute[a] "provider of primary medical services under Part I of the Act".

    (2) For regulation 9(6) substitute - 

        " (6) Where the Primary Care Trust determines that any area or part of an area is or is not rural in character, it shall consider whether the provision of primary medical services by any provider of primary medical services, or pharmaceutical services by any chemist, or local pharmaceutical services by any LPS chemist, is likely to be adversely affected in consequence of that determination.".

    (3) For regulation 9(7) substitute - 

        " (7) Where the Primary Care Trust considers that the provision of primary medical services by any doctor, GMS contractor or PMS contractor, or pharmaceutical services by any chemist, or local pharmaceutical services by any LPS chemist is likely to be adversely affected in consequence of a determination under paragraph (4), it may impose conditions to postpone, for such period as it thinks fit, the making or termination of arrangements under regulation 20 for the provision by a doctor of pharmaceutical services to his patients.".

Amendment of regulation 11
     8.  - (1) In regulation 11(2)(a) (applications for inclusion in pharmaceutical lists in respect of controlled localities) - 

    (2) In regulation 11(3), for the words "one mile" substitute "1.6 kilometres".

Amendment of regulation 12
     9.  - (1) For regulation 12(1)(c) (determination of applications in respect of controlled localities) substitute - 

    (2) For regulation 12(1)(d)(i) substitute - 

        " (i) in whose area a person provides primary medical services, who in the opinion of the Primary Care Trust might be so affected, or

        (ia) in whose pharmaceutical list or dispensing doctor list is included the name of a person who, in the opinion of the Primary Care Trust, might be so affected, or".

    (3) In regulation 12(1)(e) for the words "Community Health Council" substitute the words "Patients' Forum".

    (4) For regulation 12(2)(c) substitute - 

      " (c) any person who is a provider of primary medical services or whose name is included in the pharmaceutical list, or who provides local pharmaceutical services under a pharmacy pilot scheme entered into by that Primary Care Trust, who might, in its opinion, be affected by the grant of the application.".

    (5) Regulation 12(2A) is omitted.

    (6) For regulation 12(10) substitute - 

        " (10) No person - 

      (a) who provides or assists in providing pharmaceutical services under Part II of the Act; or

      (b) who is a GMS contractor, or is a legal and beneficial shareholder, director or company secretary of a company which is a GMS contractor, or is employed or engaged by a GMS contractor; or

      (c) who is a PMS contractor, or is a legal and beneficial shareholder, director or company secretary of a company which is a PMS contractor, or is employed or engaged by a PMS contractor; or

      (d) who provides primary medical services pursuant to arrangements made under section 16CC(2)(b) of the Act, or is a legal and beneficial shareholder, director or company secretary of a company which provides primary medical services pursuant to such arrangements, or is employed or engaged by such a provider; or

      (e) who is a party (other than a Primary Care Trust) to a pharmacy pilot scheme, or a director, officer or employee of such a person, or who provides or assists in providing local pharmaceutical services under a pharmacy pilot scheme,

    shall take part in any decision under this regulation.".

    (7) In regulation 12(13)(a), for the words "general medical services, personal medical services" substitute "primary medical services under Part I of the Act".

    (8) In regulation 12(13)(b)(ii), for the words "one mile", substitute "1.6 kilometres".

    (9) In regulation 12(13)(c), for the words "general medical services, personal medical services" substitute "primary medical services"

    (10) In regulation 12(14), for the words "general medical services or personal medical services by any doctor" substitute "primary medical services by any provider of such services".

    (11) For regulation 12(15) substitute - 

        " (15) Where the Primary Care Trust considers that the provision of primary medical services by any provider of such services or pharmaceutical services by any chemist or local pharmaceutical services by any LPS chemist is likely to be adversely affected in consequence of a grant under paragraph (14), it may impose conditions to postpone, for such period as it thinks fit, the making or termination of arrangements under regulation 20 for the provision by a doctor of pharmaceutical services to patients on the relevant patient list.".

    (12) In regulation 12(17)(b)(ii)[c], for the words "one mile" substitute "1.6 kilometres".

Amendment of regulation 13
     10.  - (1) For regulation 13(2)(a)(ii) (appeals in connection with determination under regulation 12) substitute - 

    (2) Regulation 13(2)(a)(iii) is omitted.

    (3) In regulation 13(13)(b), for the words "his patients" substitute "patients on the relevant patient list".

Amendment of regulation 16B
     11.  - (1) For regulation 16B(2) (repeat dispensing services) substitute - 

    (2) For regulation 16B(4)(b) substitute - 

Omission of regulation 19
     12. Regulation 19 (provision of pharmaceutical services for immediate treatment or personal administration) is omitted.

Amendment of regulation 20
     13. For regulation 20 (arrangements for provision of pharmaceutical services by doctors) substitute - 

Amendment of regulation 21
     14. In regulation 21(1) (outline consent) omit the words "Health Authority or" each time they occur.

Omission of regulation 21A
     15. Regulation 21A (doctors who previously performed personal medical services) is omitted.

Amendment of regulation 21B
     16. For regulation 21B (dispensing doctor lists) substitute - 

Amendment of regulation 21C
     17. For regulation 21C substitute - 

Amendment of regulation 24
     18. In regulation 24(2)(b) (claims and overpayments) after the word "where" insert ", in the case of a chemist".

Amendment of Part I(General) of Schedule 2
     19. In paragraph 1(2) (interpretation) of Schedule 2 - 

Amendment of Part II (terms of service for chemists) of Schedule 2
     20. In Schedule 2 - 

      " (a) presents a repeatable prescription which contains - 

        (i) an order for drugs, not being Scheduled drugs or controlled drugs within the meaning of the Misuse of Drugs Act 1971[19], other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001[20], signed by a repeatable prescriber,

        (ii) an order for a drug specified in Schedule 2 to the Prescription of Drugs Regulations, not being a controlled drug within the meaning of the Misuse of Drugs Act 1971, other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001, signed by and endorsed on its face with the reference "SLS" by a repeatable prescriber,

        (iii) an order for appliances, not being restricted availability appliances, signed by a repeatable prescriber, or

        (iv) an order for a restricted availability appliance, signed by, and endorsed on its face with the reference "SLS" by a repeatable prescriber,

      and also presents and associated batch issue; or ",

      (iii) in subparagraph (1C)[21] - 

        (aa) in paragraph (a)(ii), for "regulation 3 of the Remission of Charges Regulations", substitute "regulation 5 of the Remission of Charges Regulations"; and

        (bb) in the words following paragraph (a)(ii), for "regulation 4(2)(e), (f) or (q) of the Remission of Charges Regulations", substitute "regulation 5(1)(e) or (2) of the Remission of Charges Regulations",

      (iv) in subparagraph (4), for the words "a doctor, a dentist, a supplementary prescriber or an independent nurse prescriber" substitute "a prescriber or a dentist",

      (v) in subparagraph (6), for the words "a doctor, dentist, supplementary prescriber or independent nurse prescriber" substitute "a prescriber or dentist",

      (vi) in subparagraph (7), for the words "the doctor, dentist, supplementary prescriber or independent nurse prescriber" substitute "the prescriber or dentist", and

      (vii) in subparagraph (9), for the words "doctor, supplementary prescriber or independent nurse prescriber" whenever they appear substitute "prescriber";

    (b) in paragraph 3A[22] - 

      (i) in subparagraphs (4), (5) and (7), for the word "doctor" whenever it appears, substitute "prescriber";

      (ii) in subparagraph (9) - 

        (aa) in paragraph (c) for the words "repeatable prescribing doctor" substitute the words "repeatable prescriber", and

        (bb) in the words following sub-paragraph (d) for the word "doctor" substitute the word "prescriber"; and

    (c) for paragraph 7(2), substitute - 

        " (2) Where a chemist supplies a container in response to an order for drugs signed by a prescriber, or supplies an oxygen container or oxygen equipment, other than equipment specified in the Drug Tariff as not returnable to the chemist, the container and equipment shall remain the property of the chemist.".

Amendment of Part III (terms of service for doctors who provide pharmaceutical services) of Schedule 2
     21. In Part III of Schedule 2 - 

        " (2) Where a patient presents an order on a prescription form for drugs or listed appliances signed by a prescriber, or an order for a restricted availability appliance signed by and endorsed on its face with the reference "SLS" by a prescriber, to a doctor who is authorised or required by regulation 20 to provide drugs or appliances to that patient, the doctor may provide to the patient such of the drugs or appliances so ordered as he supplies in the normal course of his practice.";

    (c) in paragraph 11B[24] - 

      (i) in sub-paragraph (a)(ii), for "regulation 3 of the Remission of Charges Regulations", substitute "regulation 5 of the Remission of Charges Regulations"; and

      (ii) in the words following sub-paragraph (a)(ii), for "regulation 4(2)(e), (f) or (q) of the Remission of Charges Regulations", substitute "regulation 5(1)(e) or (2) of the Remission of Charges Regulations";

    (d) for paragraphs 13 and 14 substitute - 

Amendments to Schedule 3A
     22. For the entries in Schedule 3A (Primary Care Trusts specified for the purposes of repeat dispensing)[26] substitute - 

    " Amber Valley Primary Care Trust

    Bath and North East Somerset Primary Care Trust

    Bebington and West Wirral Primary Care Trust

    Bedfordshire Heartlands Primary Care Trust

    Birkenhead and Wallasey Primary Care Trust

    Blackburn with Darwen Primary Care Trust

    Blackwater Valley and Hart Primary Care Trust

    Bradford South and West Primary Care Trust

    Bristol North Primary Care Trust

    Bristol South and West Primary Care Trust

    Bromley Primary Care Trust

    Burnley Pendle and Rossendale Primary Care Trust

    Burntwood, Lichfield and Tamworth Primary Care Trust

    Camden Primary Care Trust

    Castle Point and Rochford Primary Care Trust

    Central Cornwall Primary Care Trust

    Charnwood and North West Leicestershire Primary Care Trust

    Chelmsford Primary Care Trust

    Cheltenham and Tewkesbury Primary Care Trust

    Cheshire West Primary Care Trust

    Cotswold and Vale Primary Care Trust

    Coventry Primary Care Trust

    Durham and Chester-le-Street Primary Care Trust

    Durham Dales Primary Care Trust

    East Devon Primary Care Trust

    East Elmbridge and Mid Surrey Primary Care Trust

    East Hampshire Primary Care Trust

    East Leeds Primary Care Trust

    East Yorkshire Primary Care Trust

    Eastern Birmingham Primary Care Trust

    Erewash Primary Care Trust

    Exeter Primary Care Trust

    Gateshead Primary Care Trust

    Great Yarmouth Primary Care Trust

    Harrow Primary Care Trust

    Hartlepool Primary Care Trust

    Herefordshire Primary Care Trust

    Hounslow Primary Care Trust

    Hyndburn and Ribble Valley Primary Care Trust

    Ipswich Primary Care Trust

    Leicester Primary Care Trust

    Medway Primary Care Trust

    Mendip Primary Care Trust

    Mid Devon Primary Care Trust

    Newbury and Community Primary Care Trust

    Newcastle Primary Care Trust

    New Forest Primary Care Trust

    Newham Primary Care Trust

    North Birmingham Primary Care Trust

    North Hertfordshire and Stevenage Primary Care Trust

    North Liverpool Primary Care Trust

    North Peterborough Primary Care Trust

    North Sheffield Primary Care Trust

    Northamptonshire Heartlands Primary Care Trust

    Northumberland Primary Care Trust

    Norwich Primary Care Trust

    Portsmouth City Primary Care Trust

    Preston Primary Care Trust

    Redditch and Bromsgrove Primary Care Trust

    Sheffield West Primary Care Trust

    Somerset Coast Primary Care Trust

    South East Hertfordshire Primary Care Trust

    South East Oxfordshire Primary Care Trust

    South East Sheffield Primary Care Trust

    South Gloucestershire Primary Care Trust

    South Peterborough Primary Care Trust

    South Warwickshire Primary Care Trust

    South West Dorset Primary Care Trust

    South West Oxfordshire Primary Care Trust

    South Worcestershire Primary Care Trust

    Southern Norfolk Primary Care Trust

    Southwark Primary Care Trust

    Stockport Primary Care Trust

    Suffolk Coastal Primary Care Trust

    Sunderland Teaching Primary Care Trust

    Sutton and Merton Primary Care Trust

    Taunton Deane Primary Care Trust

    Torbay Primary Care Trust

    Vale of Aylesbury Primary Care Trust

    Wakefield West Primary Care Trust

    Walsall Teaching Primary Care Trust

    West Hull Primary Care Trust

    West Lincolnshire Primary Care Trust

    West of Cornwall Primary Care Trust

    Western Sussex Primary Care Trust

    Witham, Braintree and Halstead Primary Care Trust

    Wolverhampton Primary Care Trust

    Wycombe Primary Care Trust

    Wyre Forest Primary Care Trust"

Provisions to be revoked
     23. The provisions set out in the Schedule are revoked to the extent specified.

Transitional provisions
     24.  - (1) Where, prior to 1st April 2004, actions have been taken

    (2) Where an outline consent has been granted to a doctor prior to 1st April 2004 it shall be deemed to continue on and after that date.

    (3) Any arrangements made under regulation 20(3)(a) or (b) of the Principal Regulations as it had effect prior to the coming into force of these Regulations shall be treated as having been made under regulation 20(4) as inserted by these Regulations.


Rosie Winterton
Minister of State, Department of Health

25th March 2004



SCHEDULE 1
Regulation 23


Provisions of the Principal Regulations to be Revoked


Provision to be revoked Extent of Revocation
Regulation 2(1) The definitions of:

"Community Health Council"

"doctor's list"

"doctors' terms of service"

"medical list"

"Medical Regulations"

"personal medical services"

"pilot scheme"

"pilot scheme provider"
Regulation 2A the entire regulation
Regulation 12 paragraph 2A
Regulation 13(2)(a) Sub paragraph (iii)
Regulation 19 the entire regulation
Regulation 21A the entire regulation
Regulation 24(2)[f] the words ", or to a doctor who provides pharmaceutical services"
Schedule 2 paragraph 1(2) the definition of "repeatable prescribing doctor"
Schedule 2 paragraph 13(3) the entire sub-paragraph
Schedule 2 paragraph 15 the entire sub-paragraph


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make changes to the National Health Service (Pharmaceutical Services) Regulations 1992 which are consequential upon the National Health Service (General Medical Services Contracts) Regulations 2004 and upon the National Health Service (Personal Medical Services Agreements) Regulations 2004

Regulation 24 extends the scheme which allows chemists to dispense in accordance with repeatable prescriptions, by extending it to those Primary Care Trust areas specified in the amendment.

Notes:

 [1] 1977 c. 49; Section 41 was substituted by the Health and Social Care Act 2001 (c. 15) ("the 2001 Act"), section 42(1), and amended by the National Health Service Reform and Healthcare Professions Act 2002 (c. 17) ("the 2002 Act"), Schedule 2, paragraph 13; and by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) ("the 2003 Act"). Section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1); extended by the Health and Medicines Act 1988 (c. 49), section 17; and amended by S.I. 1987/2202, article 4; by the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), section 12(3); by the Health Authorities Act 1995 (c. 17) ("the 1995 Act"), Schedule 1, paragraph 30; by the Pharmacists (Fitness to Practice) Act 1997 (c. 19), Schedule, paragraph 6; by the 2001 Act, sections 20(6), 23(5), 40(3), 43(2), (3) and (4) and by Schedule 6 Part 1; and by the 2002 Act, Schedule 2, paragraph 16. Section 43 was amended by the 1995 Act, Schedule 1, paragraph 31; by the Health Services Act 1980 (c. 53), section 21(2); by the National Health Service (Primary Care) Act 1997 (c. 46), section 29(1) and Schedule 2, paragraph 14; by the 1990 Act, Schedule 9, paragraph 18(2); by the 2001 Act, sections 20(7), 42(2) and 43(5); by the 2002 Act, Schedule 2, paragraph 17; and by the 2003 Act Schedule 11, paragraph 19. Section 126(5) was inserted by the 1990 Act, section 65(2); and amended by the 2001 Act, Schedule 5, paragraph 5(13)(d). See section 128(1) of the National Health Service Act 1977 as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of "prescribed" and "regulations".back

[2] As regards Wales, the functions of the Secretary of State under sections 41, 42, 43 and 126 of the 1977 Act were transferred to the National Assembly for Wales under S.I. 1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66(5) and as read with section 40(1) of the 2002 Act.back

[3] S.I. 1992/662. Relevant amending instruments are 1994/2402, 1996/698, 1998/681, 1998/2224, 1999/696, 2000/593, 2001/2888, 2002/551, 2002/888, 2002/2016, 2002/2469, 2002/2861, 2002/3135, 2003/699, 2003/1084.back

[4] Section 16CC was inserted into the Act by section 174 of the 2003 Act.back

[5] S.I. 2003/2382back

[6] c.61back

[7] S.I.1976/1213 (N.I.22).back

[8] c.43.back

[9] S.I. 2004/291back

[10] S.I. 2004/585back

[11] S.I. 2002/253back

[12] Section 28C was inserted into the Act by section 21(1) of the National Health Service (Primary Care) Act 1997 (c. 46) and amended by section 4(3), Schedule 3 Part 1 paragraphs 1, 7(1) and 2(a) of the National Health Service Reform and Health Care Professions Act 2002(c. 17); section 40, Schedule 5 Part 1, paragraph 11(1) and (4) of the Health and Social Care Act 2001(c. 15) sections 184, Schedule 11 paragraphs 7 and 14 of the 2003 Actback

[13] S.I. 2004/627back

[14] c.17. Section 15(1) was amended by section 31(2)(a) and Schedule 14, part 1 of the Health and Social Care (Community Health and Standards Act 2003 (c. 43)back

[15] S.I. 2004/629back

[16] S.I. 2004/433back

[17] S.I.2004/865back

[18] Paragraph 3(1ZA)[e] of Schedule 2 was inserted by S.I. 2003/1084back

[19] 1971 c. 38back

[20] S.I. 2001/3998back

[21] Paragraph 3(1C) of Schedule 2 was substituted by S.I. 2003/1084back

[22] Paragraph 3A of Schedule 2 was inserted by S.I. 2003/1084back

[23] Paragraph 11A of Schedule 2 was inserted by S.I. 1994/2002 and sub-paragraph (2) was amended by S.I. 2002/551back

[24] Paragraph 11B of Schedule 2 was inserted by S.I. 1999/696back

[25] Section 28T was inserted by section 175(1) of the 2003 Actback

[26] Schedule 3A was inserted by S.I. 2003/1084back

[a] Amended by Correction Slip. Page 5, regulation 7(1), line 1: "insert" should read "substitute"; back

[b] Amended by Correction Slip. Page 6, regulation 9(1), within the revised regulation 12(1)(c), "[or dispensing doctor list]" should read "or dispensing doctor list"; back

[c] Amended by Correction Slip. Page 7, regulation 9(12), "regulation 12(17)(b)(i)" should read "regulation 12(17)(b)(ii)"; back

[d] Amended by Correction Slip. Page 7, regulation 10(1), within the revised regulation 13(2)(a)(ii)(bb), "[or dispensing doctor list]" should read "or dispensing doctor list"; back

[e] Amended by Correction Slip. Page 11, footnote [18] should read "Paragraph 3(1ZA) of Schedule 2 was inserted by S.I. 2003/1084"; and back

[f] Amended by Correction Slip. Page 17, schedule 1, the reference to "Regulation 24(2)(a)" should read "Regulation 24(2)". back



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