Section 28 Persons authorised to provide pharmaceutical services.

Scotland

(1)

Except as may be provided by F1or under regulations, no arrangements shall be made by a Health Board with a medical practitioner or dental practitioner under which he is required or agrees to provide pharmaceutical services to any person to whom he is rendering F2primary medical services under Part 1 or general dental services.

(2)

Except as may be provided by F3or under regulations, no arrangements for the dispensing of medicines F4or the provision of pharmaceutical services shall be made with persons other than persons who are registered pharmacists or are persons lawfully conducting a retail pharmacy business in accordance with section 69 of the M1Medicines Act 1968, and who undertake

F5(a)

that all medicines F6provided by them under the arrangements made under this Part shall be dispensed F7, and

(b)

that

(F8i)

all services mentioned in section 27(1)(d) provided by them under those arrangements

(F9ii)

all additional pharmaceutical services provided in accordance with a direction under section 27A,

shall be provided either by, or under the direct supervision of, a registered pharmacist.

F10(2A)

Regulations shall provide for the preparation and publication by a Health Board of one or more lists of medical practitioners who undertake to supply drugs and appliances in the Board’s area.

(2B)

The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.

F11(2C)

Where—

(a)

arrangements have been made under this Part with a registered pharmacist; and

(b)

the registration of that pharmacist is suspended by virtue of any direction or order under the Pharmacy Order 2010,

Annotations

Textual amendments

F1: Words inserted by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3(4)
F2: Words in s. 28(1) substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(8); S.S.I. 2004/58, art. 2(3)
F3: Words inserted by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3(4)
F4: Words inserted by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(a)
F5: “(a)" inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(b)
F6: Word substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(c)
F7: Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(d)
F8: S. 28(2)(b) “(i)" inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 45; S.I. 1997/1780, art 2(1), Sch.
F9: 28(2)(b)(ii) inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 45; S.I. 1997/1780, art. 2(1), Sch.
F10: S. 28(2A)(2B) inserted (1.4.1998) by National Health Service (Primary Care) Act 1997 (c. 46), ss. 29(2), 41(3); S.I. 1998/631, art. 2(a), Sch. 1 (with arts. 3-5)
F11: S. 28(2C) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), arts. 1(5), 68, Sch. 4 para. 4(3); S.I. 2010/1621, art. 2(1), Sch.

Marginal citations

M1: 1968 c. 67.(84).

Notes on Part II

Modifications

C1

Pt II (ss. 18-35) restricted (1.4.1998) by 1997 c. 46, s. 12(1); S.I. 1998/631, art. 2(2)(b), Sch. 2

Pt. II (ss. 18-35) power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(2)(b), Sch. 2

Pt. II (ss. 18-35) power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(2)(b), Sch. 2