# The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2005

S.S.I. 2005/618 · made 1 December 2005

These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (S.I. 1995/414) (“the principal Regulations”) which regulate the provision of pharmaceutical services under the National Health Service (Scotland) Act 1978.

Made under: National Health Service (Scotland) Act 1978 (Section 27, Section 105, Section 108)

PDFs: Printed copy https://openlegislation.uk/national-health-service-pharmaceutical-services-scotland-amendment-no-2-regulations-2005/pdf/ssi_20050618_en.pdf; Executive Note https://openlegislation.uk/national-health-service-pharmaceutical-services-scotland-amendment-no-2-regulations-2005/pdf/ssien_20050618_en.pdf

## Introductory text

NATIONAL HEALTH SERVICE
Made 1st December 2005
Laid before the Scottish Parliament 1st December 2005
Coming into force 23rd December 2005
The Scottish Ministers, in exercise of the powers conferred by sections 27(1) and (2), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978 and of all other powers enabling them in that behalf, hereby make the following Regulations:

## 1 Citation and commencement

These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 23 December 2005.

## 2 Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995

(1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 are amended in accordance with the following paragraphs:
(2) In regulation 2(1) (interpretation and application) insert each of the following definitions at the appropriate alphabetical place–
““Patient Group Direction” has the meaning ascribed in Article 1(2) of the Prescription Only Medicines (Human Use) Order 1997;
“supply form” means a form issued by a Board to record a supply of pharmaceutical services under the terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997 (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction)”.
(3) In Schedule 1 (terms of service for pharmacists)–
(a) in paragraph 3 (provision of pharmaceutical services)
(i) in sub paragraph (3A)(a)–
(aa) for “National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 (“the 1989 Regulations”)”, substitute “ National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 (“the 2001 Regulations”)”; and
(bb) for “National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988”, substitute “National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003”;
(ii) in sub paragraphs (3A)(b) and (3A)(c) for the references to “the 1989 Regulations” wherever they occur, substitute “the 2001 Regulations”;
(iii) in sub paragraphs (3A)(a) and 3(A)(c) after the words “prescription form” wherever they appear, insert–
“or a supply form.”;
(iv) in sub paragraph (11), after “as specified in sub paragraph (1)” insert–
“or in accordance with the terms of a Patient Group Direction issued by a Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997 (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction).”.
(b) in paragraph 8 (method of payment)–
(i) in sub-paragraph (1), after “prescription forms” insert–
“, supply forms”;
(ii) in sub paragraph (7) after “prescription form” add–
“, or in respect of the supply of drugs or listed appliances in terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997, (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction).”;

## Signature

LEWIS MACDONALD
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
1st December 2005

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (S.I. 1995/414) (“the principal Regulations”) which regulate the provision of pharmaceutical services under the National Health Service (Scotland) Act 1978.
These amendments make provision for pharmacists to supply certain drugs and appliances without a prescription form being presented where the drugs and appliances are supplied in accordance with the terms of a Patient Group Direction issued by a Health Board in accordance with Article 12C of the Prescription Only Medicines (Human Use) Order 1997 (S.I. 1997/1830) (exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction).
Regulation 2(3)(a)(i) amends paragraph (3A) of Schedule 1 of the principal Regulations by substituting references to (a) the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 (S.S.I. 2001/430) and (b) the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/460) for the now revoked (a) National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 (S.I. 1989/236) and (b) National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (S.I. 1988/546).

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Source: https://www.legislation.gov.uk/ssi/2005/618 (the official version)
Page: https://openlegislation.uk/national-health-service-pharmaceutical-services-scotland-amendment-no-2-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.