# The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2007

S.S.I. 2007/500 · made 6 November 2007

These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (“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 228A, Section 105, Section 108)

PDFs: Printed copy https://openlegislation.uk/national-health-service-pharmaceutical-services-scotland-amendment-no-3-regulations-2007/pdf/ssi_20070500_en.pdf; Executive Note https://openlegislation.uk/national-health-service-pharmaceutical-services-scotland-amendment-no-3-regulations-2007/pdf/ssien_20070500_en.pdf

## Introductory text

NATIONAL HEALTH SERVICE
Made 6th November 2007
Laid before the Scottish Parliament 8th November 2007
Coming into force 30th November 2007
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 27(1), (1A) and (2), 228A, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978 and all other powers enabling them to do so.

## 1 Citation and commencement

These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2007 and come into force on 30th November 2007.

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

(1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 are amended as follows.
(2) In regulation 2(1) (interpretation and application)–
(a) after the definition of “pharmacist contractor” insert–
““pharmacist independent prescriber” means a person–
(a) who is registered in Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976; and
(b) against whose name in the relevant register is recorded an annotation signifying that he or she is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;”; and
(b) in the definition of “prescriber” after “doctor,” insert “pharmacist independent prescriber,”.

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

In regulation 9(2), (payments to pharmacists and standards of drugs and appliances) after “(c)” insert “or (i)”.

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

After sub-paragraph (3A) in paragraph 3 of Schedule 1 insert–
“(3B) (a) A pharmacist independent prescriber shall not supply any item ordered on a prescription form by that pharmacist independent prescriber unless the conditions specified in paragraph (b) are met.
(b) The conditions referred to in paragraph (a) are–
(i) the item has been ordered in accordance with the arrangements which a Health Board has made pursuant to Directions issued by the Scottish Ministers in respect of pharmacist independent prescribers; and
(ii) the pharmacist independent prescriber reasonably considers that either–
(a) exceptional circumstances exist whereby it is in the best interests of the patient to whom the item is to be supplied that the pharmacist independent prescriber who orders the item should supply it; or
(b) the patient to whom the item is to be supplied, or the patient’s representative, is otherwise unlikely to be able to obtain the item without suffering excessive inconvenience or delay.
(c) A pharmacist independent prescriber who supplies an item which he or she has ordered must endorse the prescription form for that item with the words “self-dispensed”.”.

## Signature

SHONA ROBISON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
6th November 2007

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (“the principal regulations”) which regulate the provision of pharmaceutical services under the National Health Service (Scotland) Act 1978.
Regulation 2(2)(a) inserts a definition of “pharmacist independent prescriber” into the principal regulations.
Regulation 2(2)(b) amends the definition of “prescriber” in the principal regulations to include “pharmacist independent prescriber”.
Regulation 3 amends regulation 9(2) of the principal regulations to provide that the Drug Tariff may state that a Health Board can be the determining authority for fees allowances and remuneration payable for the provision of specified directed services (additional pharmaceutical services).
Regulation 4 inserts a new paragraph 3(3B) into Schedule 1 to the principal regulations. This imposes certain restrictions on the dispensing of prescriptions written by pharmacist independent prescribers.

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Source: https://www.legislation.gov.uk/ssi/2007/500 (the official version)
Page: https://openlegislation.uk/national-health-service-pharmaceutical-services-scotland-amendment-no-3-regulations-2007
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.