{
  "url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-wales-regulations-2020/schedule-5/paragraph-5A",
  "json_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-wales-regulations-2020/schedule-5/paragraph-5A.json",
  "legislation": "wsi/2020/1073",
  "legislation_title": "The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020",
  "legislation_url": "https://openlegislation.uk/national-health-service-pharmaceutical-services-wales-regulations-2020",
  "path": "schedule/5/paragraph/5A",
  "kind": "paragraph",
  "number": "5A",
  "heading": "Dispensing ophthalmic listed appliances and ophthalmic listed medicines ordered by qualifying optometrists",
  "text": "(1) Subject to the following provisions of this Part, where a person presents an order for an ophthalmic listed appliance or an ophthalmic listed medicine signed by a qualifying optometrist, an NHS pharmacist must, promptly and in accordance with any directions given by the qualifying optometrist, provide the drugs or appliance so ordered, and such of the appliances so ordered they supply in the normal course of business.\n(2) If the person presenting the order signed by a qualifying optometrist asks the NHS pharmacist to do so—\n(a) the NHS pharmacist must give an estimate of the time when the drugs or appliances will be ready, and\n(b) if they are not ready by then, the NHS pharmacist must give a revised estimate of the time when they will be ready (and so on).\n(3) Where an NHS pharmacist is presented with an order signed by a qualifying optometrist for an ophthalmic listed appliance or an ophthalmic listed medicine, the NHS pharmacist must only provide the drugs or appliances so ordered—\n(a) if the order is duly signed and endorsed by the qualifying optometrist as described in sub-paragraph (1), and\n(b) in accordance with the order and any directions given by the qualifying optometrist subject to any regulations in force under the Weights and Measures Act 1985 and the following provisions of this Part.\n(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(6) Where any drug to which this paragraph applies is ordered by a qualifying optometrist and is available for provision by an NHS pharmacist in a pack in a quantity which is different to the quantity which has been so ordered, and that drug is—\n(a) sterile,\n(b) effervescent or hygroscopic,\n(c) a liquid preparation for addition to bath water,\n(d) a coal tar preparation,\n(e) a viscous preparation, or\n(f) packed at the time of its manufacture in a calendar pack or special container,\nthe NHS pharmacist must provide the drug in the pack whose quantity is nearest to the quantity which has been so ordered.\n(7) In this paragraph, “special container” means any container with an integral means of application or from which it is not practicable to dispense an exact quantity.\n(8) An NHS pharmacist must provide any drug which they are required to provide under this paragraph in a suitable container.\n(9) An NHS pharmacist may refuse to provide the drugs or appliances ordered where—\n(a) the NHS pharmacist reasonably believes that it is not a genuine order for the person named on the order signed by a qualifying optometrist (for example because they reasonably believe the form has been stolen or forged),\n(b) it appears to the NHS pharmacist that there is an error on the order signed by a qualifying optometrist (including a clinical error) or that, in the circumstances, providing the drugs or appliances would be contrary to the NHS pharmacist’s clinical judgement,\n(c) the NHS pharmacist or other persons on the premises are subjected to or threatened with violence by the person presenting the order signed by a qualifying optometrist, or by any person accompanying that person, or\n(d) the person presenting the order signed by a qualifying optometrist, or any other person accompanying that person, commits or threatens to commit a criminal offence.\n(10) An NHS pharmacist must refuse to provide an appliance or drug ordered on an order signed by a qualifying optometrist where the order is for a drug or appliance which the qualifying optometrist was not entitled to order, but if the NHS pharmacist does refuse to do so, they must provide the patient or the person requesting the drug or appliance on behalf of the patient with appropriate advice, as necessary, about reverting to the qualifying optometrist to review the patient’s treatment.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 5 para. 5A inserted (1.4.2025) by The National Health Service (Pharmaceutical Services) (Wales) (Amendment) Regulations 2024 (S.I. 2024/1196), regs. 1(4), 3(3)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 5 para. 5A substituted (1.4.2025 at 12:01 a.m.) by The National Health Service (Pharmaceutical Services) (Wales) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/285), regs. 1(3), 2(3)(b)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in Sch. 5 para. 5A(3)(a) substituted (1.4.2025 at 12:01 a.m.) by The National Health Service (Pharmaceutical Services) (Wales) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/285), regs. 1(3), 2(3)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Sch. 5 para. 5A(4) omitted (2.6.2026) by virtue of The National Health Service (Pharmaceutical Services) (Wales) (Miscellaneous Amendments) Regulations 2026 (W.S.I. 2026/92), regs. 1(2), 2(3)(e)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Sch. 5 para. 5A(5) omitted (2.6.2026) by virtue of The National Health Service (Pharmaceutical Services) (Wales) (Miscellaneous Amendments) Regulations 2026 (W.S.I. 2026/92), regs. 1(2), 2(3)(e)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in Sch. 5 para. 5A heading inserted (1.4.2025 at 12:01 a.m.) by The National Health Service (Pharmaceutical Services) (Wales) (Miscellaneous Amendments) Regulations 2025 (S.I. 2025/285), regs. 1(3), 2(3)(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2020/1073/schedule/5/paragraph/5A",
    "retrieved_at": "2026-10-31T10:31:49.207634+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}