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

(1)

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995^f1 are amended as follows.

(2)

In regulation 5(1)^f2 (pharmaceutical list) after “of” in the first place where it occurs, insert “, subject to the provisions of regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004^f3,”.

(3)

In regulation 6(1)^f4 (provisional pharmaceutical lists) after “included” insert “, subject to the provisions of regulation 26(1) (practitioners subject to inquiry in a fraud case) of the National Health Service (Tribunal) (Scotland) Regulations 2004,”.

(4)

In Schedule 1 (terms of service for pharmacists)–

(a)

In paragraph 5(2)(a) (dispensing of medicines)^f5–

(i)

for “section 29(3)(b)” substitute “sections 29B(2)(b) or 30(2) or (5)”^f6; and

(ii)

for “section 29(3)(c)” substitute “sections 29B(3) or 30(6)”; and

(b)

In paragraph 9(2) (withdrawal from pharmaceutical list)–

(i)

for “(disqualification of persons providing services) that the continued inclusion of a pharmacist in the pharmaceutical list would be prejudicial to the efficiency of the service” substitute “(the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification)”; and

(ii)

after “representations” in the second place where it occurs insert “, request for review or review”.

Annotations

Footnotes

f1: S.I. 1995/414. Relevant amending instruments are S.I. 1996/840 and S.S.I. 1999/57.
f2: Regulation 5(1) was amended by S.S.I. 1999/57.
f3: S.S.I. 2004/38.
f4: Regulation 6(1) was amended by S.S.I. 1999/57.
f5: Paragraph 5(2)(a) was inserted by S.I. 1996/840 and amended by S.S.I. 1999/57.
f6: Section 29B was inserted by the Health Act 1999 (c. 8) (“the 1999 Act”), section 58(1) and amended by the Community Care and Health (Scotland) Act 2002 asp 5 (“the 2002 Act”), schedule 2, paragraph 2(6). Section 30 was substituted by the 1999 Act, section 58(2) and amended by the 2002 Act, schedule 2, paragraph 2(7).