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The National Health Service (Local Pharmaceutical Services etc.) Regulations 2006

S.I. 2006/552 · Made 2 March 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL HEALTH SERVICE, ENGLAND

Made 2nd March 2006

Laid before Parliament 8th March 2006

Coming into force 1st April 2006

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 42(2A) and 126(4) of, and paragraphs 1(3), 2(1), 3 and 4 of Schedule 8A to, the National Health Service Act 1977f1 and sections 30, 34, 37(b), 41 and 65(1) and (2) of, and paragraph 1(2)(b) of Schedule 2 to, the Health and Social Care Act 2001f2.

Annotations to the whole text

Footnotes

f1

1977 c. 49. Section 42(2A) was inserted by section 40(3) of the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”). Section 126(4) was amended by: the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 65(2); the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraphs 3 and 37(6); the 2001 Act, Schedule 5, paragraphs 5 (13)(b); the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), section 6(3)(c) and Schedule 8, paragraphs 1 and 10(a); and the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”), section 184 and Schedule 11, paragraphs 7 and 38 and Schedule 14, Part 4. Schedule 8A was inserted by section 40(1) and (2) of, and Schedule 3 to, the 2001 Act, and has been amended by: the 2002 Act, Schedule 2, paragraph 81, and Schedule 9, Part 1; and the 2003 Act, Schedule 4, paragraph 44, and Schedule 11, paragraph 41. See section 128(1) of the Act, as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations” which are relevant to the powers being exercised.

f2

2001 c. 15.

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3Application of provisions of the Act and the Health Service Commissioners Act 1993 with modifications
  5. Part 2: DESIGNATION
  6. 4Designation of priority neighbourhoods or premises
  7. 5Reviews of designations
  8. 6Cancellation of designations by a Primary Care Trust
  9. Part 3: CONTRACTORS
  10. 7General condition relating to all LPS schemes
  11. 8Reasons
  12. 9Appeal
  13. 10Health service body status
  14. 11Lists of LPS contractors
  15. Part 4: LPS SCHEMES
  16. 12Proposals
  17. 13Health service contract
  18. 14LPS schemes: general
  19. 15Right of return to pharmaceutical lists
  20. 16Sharing of information received
  21. Part 5: TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
  22. 17Duty to provide information about suitability etc.
  23. 18Transitional agreements for existing pilot schemes
  24. 19Transitional arrangements for existing designations
  25. 20Consequential amendments to secondary legislation
  26. Signature
  27. Schedule 1: Modification and amendment of the National Health Service Act 1977 and modification of the Health Service Commissioners Act 1993
  28. 1Duty of Primary Care Trust in relation to local pharmaceutical services
  29. 2Supply of goods and services by the Secretary of State
  30. 3Use of accommodation
  31. 4Persons performing primary medical and dental services
  32. 5Assistance and Support
  33. 6Recognition of Local Pharmaceutical Committees
  34. 7Functions of Local Pharmaceutical Committees
  35. 8Special arrangement as to payment of remuneration
  36. 9Insertion of definitions of “local pharmaceutical services” and “LPS arrangements”
  37. 10Charges for the supply of drugs to treat venereal disease
  38. 11Health Service Commissioner for England
  39. Schedule 2: Contract Terms
  40. 1General provisions
  41. 2Restrictions in an LPS scheme on supply
  42. 3Dispensing
  43. 4Urgent supply without a prescription
  44. 5Preliminary matters before providing ordered drugs or appliances
  45. 6Providing ordered drugs or appliances
  46. 7Refusal to provide drugs or appliances ordered
  47. 8Further activities to be carried out in connection with the provision of dispensing services
  48. 9Additional requirements in relation to electronic prescribing
  49. 10Further activities in connection with the provision of dispensing services under a repeatable prescription and batch issues
  50. 11Information to be provided for the Primary Care Trust’s lists
  51. 12Clinical governance
  52. 13Clinical governance
  53. 14Professional Standards
  54. 15Inducements etc.
  55. 16Duty to provide information about fitness to practise matters as they arise
  56. 17Home Primary Care Trust of bodies corporate
  57. 18Charges for drugs and refunds
  58. 19Remuneration, overpayments etc.
  59. 20Local resolution of disputes
  60. 21Dispute resolution: non-NHS contracts
  61. 22NHS dispute resolution procedure
  62. 23Determination of dispute
  63. 24Disputes: supplemental
  64. 25Complaints
  65. 26Variation of schemes
  66. 27Termination by agreement
  67. 28Termination by notice
  68. 29Termination by the Primary Care Trust on grounds of suitability etc.
  69. 30Termination by the Primary Care Trust: patient safety and material financial loss
  70. 31Termination and the NHS dispute resolution procedure
  71. 32Third party rights
  72. Schedule 3: Amendments to secondary legislation
  73. Part 1: Amendment of the Pharmaceutical Services Regulations
  74. 1Amendment of the Pharmaceutical Services Regulations
  75. 2Amendment of regulation 2
  76. 3Amendment of regulation 5
  77. 4Amendment of regulation 10
  78. 5Amendment of regulation 12
  79. 6Amendment of Regulation 19
  80. 7Amendment of regulation 20
  81. 8Amendment of regulation 24
  82. 9Amendment of regulation 25
  83. 10Amendment of regulation 26
  84. 11Amendment of regulation 28
  85. 12Amendment of regulation 36
  86. 13Amendment of regulation 38
  87. 14Amendment of regulation 45
  88. 15Amendment of regulation 54
  89. 16Amendment of Schedule 1
  90. 17Amendment of Schedule 3
  91. 18Amendment of Schedule 4
  92. Part 2: Amendments to other secondary legislation
  93. 19Amendment of the National Health Service Trusts (Membership and Procedure) Regulations 1990
  94. 20Amendment of the National Health Service Litigation Authority Regulations 1995
  95. 21Amendment of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
  96. 22Amendment of the Charges Regulations
  97. 23Amendment of the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000
  98. 24Amendment of the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001
  99. 25Amendment of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002
  100. 26Amendment of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No.2) Regulations 2002
  101. 27Amendment of the Delayed Discharges (England) Regulations 2003
  102. 28Amendment of the National Health Service (Complaints) Regulations 2004
  103. Explanatory note