The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020
W.S.I. 2020/1073 · Made 29 September 2020 · Extends to England and Wales
National Health Service, Wales
Made 29 September 2020
Coming into force in accordance with regulation 1(2) and (3)
The Welsh Ministers, in exercise of the powers conferred on them by sections 15, 80, 82A, 83, 84, 86, 88, 104, 107, 110, 115, 116, 118, 203(9) and (10) and 205 of the National Health Service (Wales) Act 2006f1, make the following Regulations.
A draft of these Regulations has been approved by a resolution of Senedd Cymru in accordance with section 203(6A) of that Act.
Annotations to the whole text
Footnotes
- f1
-
2006 c. 42. See section 206(1) for the definitions of “prescribed” and “regulations”. Section 82A and section 203(6A) were inserted by section 111 of the Public Health (Wales) Act 2017 (anaw 2). Sections 83 and 84 were amended by section 112 of the Public Health (Wales) Act 2017.
Contents
- Part 1: Introductory
- 1Title, commencement and application
- 2Interpretation
- Part 2: Pharmaceutical needs assessments
- 3Pharmaceutical needs assessments
- 4Information to be contained in pharmaceutical needs assessments
- 5Date by which the first pharmaceutical needs assessment is to be published
- 6Subsequent assessments
- 7Consultation on pharmaceutical needs assessments
- 8Matters for consideration when making assessments
- 9Publication of pharmaceutical needs assessments
- Part 3: Pharmaceutical lists and dispensing doctor lists
- 10Preparation and maintenance of pharmaceutical lists
- 11Preparation and maintenance of dispensing doctor lists
- 12Terms of service
- Part 4: Determination of controlled localities
- 13Areas that are controlled localities
- 14Appeals against decisions under Part 4
- Part 5: Applications by NHS pharmacists and NHS appliance contractors for inclusion in or amendment to pharmaceutical lists
- 15Applications to be included in or make amendment to a pharmaceutical list
- 16Determination of applications to be included in or to make amendment to a pharmaceutical list
- 17Locations in controlled localities that are reserved locations
- 18Applications for preliminary consent and effect of preliminary consent
- 19Applications involving relocation within a Local Health Board’s area
- 20Applications involving relocation between neighbouring Local Health Board areas
- 21Applications involving temporary relocation
- 22Applications involving a change of ownership
- 23Procedure following grant of an application
- 24Application to extend the relevant period
- 25Appeals
- Part 6: Applications by doctors for inclusion in or amendment to dispensing doctors lists
- 26Arrangements for the provision of pharmaceutical services by doctors
- 27Necessary services for temporary patients
- 28Provision of pharmaceutical services for immediate treatment or personal administration
- 29Discontinuation of arrangements for the provision of pharmaceutical services by doctors
- 30Outline consent and premises approval
- 31Taking effect of outline consent and premises approval
- 32Lapse of outline consent and premises approval
- 33Premises approval: change of premises before outline consent takes effect
- 34Premises approval: additional and new premises after outline consent has taken effect
- 35Premises approval: practice amalgamations
- Part 7: Fitness grounds and inclusion in and removal from pharmaceutical lists
- 36Deferral of applications on fitness grounds
- 37Refusal of applications on fitness grounds
- 38Conditional inclusion on fitness grounds
- 39Removal from a pharmaceutical list for breach of conditions on fitness grounds or imposition or variation or imposition of new conditions under section 108 of the 2006 Act
- 40Removal from a pharmaceutical list for other reasons
- 41Suspension from a pharmaceutical list
- 42Notification of a decision to impose conditions
- 43Review of decision to impose a suspension under section 110 of the 2006 Act or a contingent removal under section 108 of the 2006 Act
- 44Review of a decision to impose conditions
- 45Appeals
- Part 8: Conditional inclusion in pharmaceutical lists: certain specific conditions that do not relate to fitness or performance
- 46Core opening hours conditions
- 47Conditions relating to providing directed services
- 48Conditions relating to local resolution of disputes over terms of service
- Part 9: Performance related sanctions and Market Exit
- 49Local dispute resolution before serving remedial notices or breach notices
- 50Breaches of terms of service: remedial notices
- 51Breaches of terms of service: breach notices
- 52Payment withholdings: supplementary matters
- 53Removal of listings: cases relating to remedial notices and breach notices
- 54Appeals against decisions under Part 9
- Part 10: Payments to NHS pharmacists and NHS appliance contractors
- 55The Drug Tariff and remuneration of NHS pharmacists and NHS appliance contractors
- 55AZero or nominal product reimbursement for coronavirus vaccines, coronavirus antivirals and influenza virus vaccines
- 56Local Health Boards as determining authorities
- 57Overpayments
- 58Reward scheme
- 59Payments to suspended NHS pharmacists and NHS appliance contractors
- Part 11: Miscellaneous
- 60Home Local Health Board
- 61Publication of particulars
- 62Exercise of choice in certain cases
- 63Transitional provisions
- 64Minor and consequential amendments
- 65Revocation
- Signature
- Schedule 1: Information to be contained in pharmaceutical needs assessments
- 1Current provision of pharmaceutical services
- 2Other NHS services
- 3Gaps in provision of pharmaceutical services
- 4How the assessment was carried out
- 5Map of provision
- Schedule 2: Information to be included in applications to provide pharmaceutical services
- Part 1: Application for inclusion in or for amendment to a pharmaceutical list
- Information required from all applicants
- 1Details of the application
- 2Paragraph 2
- 3Paragraph 3
- 4Details of the applicant
- 5Paragraph 5
- 6Paragraph 6
- 7Details of the premises and opening hours
- 8Paragraph 8
- 9Paragraph 9
- 10Pharmaceutical services to be provided
- 11Paragraph 11
- 12Paragraph 12
- Information relating to applications to be included in, or amend, a pharmaceutical list
- 13Paragraph 13
- Information relating to the prejudice test
- 14Paragraph 14
- Information relating to applications involving relocations
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Information relating to applications involving a change of ownership
- 19Paragraph 19
- 20Paragraph 20
- Applicant’s undertaking
- 21Paragraph 21
- Part 2: Information and undertakings for applications for inclusion in a pharmaceutical list
- 22Applicant’s details
- 23Investigation, proceedings and convictions
- 24Paragraph 24
- 25Pharmaceutical qualifications, referees etc.
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Undertakings
- Part 3: Notification of commencement date
- 31Information to be provided prior to the commencement of the provision of pharmaceutical services
- Part 4: Applications for outline consent and premises approval
- 32Details of the application
- 33Paragraph 33
- 34Details of the applicant
- 35Paragraph 35
- 36Application for outline consent
- 37Paragraph 37
- 38Application for premises approval
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Pharmaceutical services to be provided
- 45Prejudice test
- 46Meeting identified needs
- 47Applicant’s undertaking
- Schedule 3: Procedures to be followed by Local Health Boards to determine applications under the Regulations
- Part 1: Preliminary matters
- 1General principles
- 2Timetable for determining applications
- 3Persons prohibited from taking part in decision-making on applications
- Part 2: Determination of controlled localities
- 4Notice of proposed determination in respect of controlled localities
- 5Deferral of applications
- 6Imposition of conditions
- 7Notification of determination and action following determination
- Part 3: Applications for inclusion in or amendment to pharmaceutical lists and dispensing doctor lists
- 8Notice of certain applications
- 9Persons and bodies to be notified
- 10Content of notification
- 11Oral hearings
- 12Information to which a Local Health Board must have regard
- 13Imposition of conditions
- 14Notification of decisions: applications for inclusion in or to make an amendment to a pharmaceutical list
- 15Notification of decisions: applications for inclusion in or amendment to dispensing doctor lists
- 16Notification of decisions: applications under regulation 24 for extension of the relevant period
- 17Notification of decisions: applications under regulation 17(2)
- 18Action following determination in respect of reserved locations
- Schedule 4: Appeals to the Welsh Ministers
- Part 1: Preliminary matters
- 1General principles
- 2Oral hearings
- Part 2: Appeals against decisions determining controlled localities
- 3Right of appeal to the Welsh Ministers
- 4Notification of appeals
- 5Decision on appeals
- Part 3: Appeals against decisions for inclusion in or amendment to pharmaceutical lists and dispensing doctor lists
- 6Right of appeal to the Welsh Ministers
- 7Notification of appeals
- 8Decision on appeals
- 9Effect of decisions by the Welsh Ministers
- Schedule 5: Terms of service for NHS pharmacists who provide pharmaceutical services in particular by the provisions of drugs
- Part 1: General
- 1Interpretation
- 2Incorporation of provisions
- 2AParagraph 2A
- Part 2: Essential services
- 3Essential services
- 4Dispensing services
- 5Dispensing of drugs and appliances
- 5ADispensing ophthalmic listed appliances and ophthalmic listed medicines ordered by qualifying optometrists
- 6Supply in accordance with a SSP
- 7Urgent supply without a prescription
- 8Preliminary matters before providing ordered drugs or appliances
- 9Providing ordered drugs or appliances
- 10Refusal to provide drugs or appliances ordered
- 11Further activities to be carried out in connection with the provision of dispensing services
- 12Additional requirements in relation to specified appliances
- 13Disposal service in respect of unwanted drugs
- 14Basic procedure in respect of unwanted drugs
- 15Further activities to be carried out in connection with the disposal of unwanted drugs
- 16Promotion of healthy lifestyles
- 17Prescription linked intervention
- 18Public health campaigns
- 19Signposting
- 20Service outline in respect of signposting
- 21Support for self-care
- 22Service outline in respect of support for self-care
- Part 3: Pharmacy opening hours
- 23Pharmacy opening hours: general
- 24Matters to be considered when issuing directions in respect of pharmacy opening hours
- 25Determination of pharmacy opening hours instigated by the Local Health Board
- 26Determination of pharmacy opening hours instigated by the NHS pharmacist
- 27Temporary opening hours and closures during an emergency requiring the flexible provision of pharmaceutical services
- Part 4: Clinical governance and complaints
- 28Clinical governance
- 29Professional standards
- 30Inducements
- 31Duty to provide information about fitness to practice matters as they arise
- 32Home Local Health Board of bodies corporate
- 33Complaints
- Part 5: Other terms of service
- 34Directed services
- 35Information to be supplied
- 36Withdrawal from pharmaceutical lists
- 37Charges for drugs and refunds
- 38Inspections and access to information
- 39Welsh language
- 40Workforce reporting
- Schedule 6: Terms of service for NHS appliance contractors who provide pharmaceutical services only by the provision of appliances
- 1Incorporation of provisions
- 1AParagraph 1A
- 2Division of responsibilities between individuals and corporate bodies
- 3Dispensing services
- 4Dispensing of appliances
- 5Supply in accordance with a SSP
- 6Urgent supply without a prescription
- 7Preliminary matters before providing appliances
- 8Providing appliances
- 9Refusal to provide appliances ordered
- 10Further activities to be carried out in connection with the provision of dispensing services
- 11Additional requirements in relation to specified appliances
- 12Signposting
- 13Opening hours: general
- 14Matters to be considered when issuing directions in respect of opening hours
- 15Determination of opening hours instigated by the Local Health Board
- 16Determination of opening hours instigated by the NHS appliance contractor
- 17Clinical governance
- 18Professional standards
- 19Inducements
- 20Duty to provide information about fitness to practise matters as they arise
- 21Home Local Health Board of bodies corporate
- 22Complaints
- 23Directed services
- 24Information to be supplied
- 25Withdrawal from pharmaceutical services
- 26Charges for appliances
- 27Inspections and access to information
- 28Welsh language
- Schedule 7: Terms of service for doctors providing pharmaceutical services
- 1Interpretation
- 2Incorporation of provisions
- 2AParagraph 2A
- 3Persons duly authorised to dispense on behalf of dispensing doctors
- 4Dispensing of drugs and appliances ordered by another prescriber
- 5Dispensing of drugs and appliances ordered by the dispensing doctor
- 6Preliminary matters before providing ordered drugs or appliances
- 7Provision of Scheduled drugs
- 8Refusal to provide drugs or appliances ordered
- 9Fees and charges
- 10Complaints and concerns
- 11Inspections and access to information
- 12Welsh language
- Schedule 8: Minor and consequential amendments
- 1The National Health Service (Service Committees and Tribunal) Regulations 1992
- 2The National Health Service (Indicative Amounts) Regulations 1997
- 3The National Health Service (Payments by Local Authorities to Health Authorities) (Prescribed Functions) (Wales) Regulations 2001
- 4The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004
- 5The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007
- 6The Single Use Carrier Bags Charge (Wales) Regulations 2010
- Explanatory note