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The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

S.S.I. 2009/183 · Made 14 May 2009 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 November 2023.

NATIONAL HEALTH SERVICE

Made 14th May 2009

Laid before the Scottish Parliament 18th May 2009

Coming into force 1st July 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2(5), 27, 28(2), 28A, 32D, 32E, 105(7), 106(a) and 108(1) of and Schedule 1, paragraph 11(b) and (c) to, the National Health Service (Scotland) Act 1978f1 and all other powers enabling them to do so.

In accordance with paragraph 24(1) and (3) of Schedule 7 to the Tribunals Courts and Enforcement Act 2007f2 they have consulted the Administrative Justice and Tribunals Council and its Scottish Committee.

Annotations to the whole text

Footnotes

f1

1978 c. 29. Section 2(5) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), Schedule 9, paragraph 19(1); section 27 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66) (“the 1986 Act”), section 3(3), by S.I. 1987/2202 and by the 1990 Act, Schedule 9, paragraph 19(7) and is to be read with the Health and Medicines Act 1988 (“the 1988 Act”), section 17; section 28(1) was amended by the 1986 Act, section 3(4); section 28(A) was inserted by the Health and Social Security Act 1984 (c. 48), section 7(2) and was amended by the 1988 Act, section 15; section 105(7) was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 9, paragraph 24; see section 108(1) for the definitions of “prescribed” and “regulations”; paragraph 11(b) of Schedule 1 was amended by the 1990 Act, Schedule 5, paragraph 7. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act (c.46).

f2

2007 c. 15. The National Appeal Panel constituted under Part II of Schedule 4 to these Regulations is a listed tribunal for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007, in terms of S.S.I. 2007/436.

Contents

  1. 1Citation and commencement
  2. 2Interpretation and application
  3. 3Pharmaceutical services
  4. 4Additional professional services
  5. 5Pharmaceutical list
  6. 5APre-application and joint consultation
  7. 6Temporary relocations and additional premises
  8. 7Effect to be given to corresponding decisions in England, Wales and Northern Ireland
  9. 8Provisional pharmaceutical list
  10. 9Removal from and amendment to pharmaceutical list
  11. 10Transitional Arrangements
  12. 11Schemes for securing proper pharmaceutical service
  13. 12Payments to pharmacy contractors and standards of drugs and appliances
  14. 13Payments to pharmacy contractors in respect of suspended pharmacists
  15. 14Application for pharmaceutical services
  16. 15Publication of particulars
  17. 16Service of documents
  18. 17Revocations
  19. 18Consequential amendments
  20. Signature
  21. Schedule 1: TERMS OF SERVICE FOR PHARMACISTS AND PHARMACY CONTRACTORS
  22. 1Interpretation
  23. 2Division of responsibilities between individuals and corporate bodies
  24. 3Incorporation of provisions of regulations, etc.
  25. 4Provision of pharmaceutical services
  26. 5Directed services
  27. 6Premises and hours of business
  28. 7Dispensing of medicines
  29. 8Names of pharmacists
  30. 9Drugs, etc. to be supplied without charge
  31. 10Method of payment
  32. 11Withdrawal from pharmaceutical list
  33. 12Complaints, concerns, comments, feedback;
  34. 13Paragraph 13
  35. 14Records
  36. 15Professional standards
  37. Schedule 2Schedule 2
  38. Schedule 3: THE BOARD
  39. 1Receipt and notification of applications
  40. 1AApplications relating to areas of a prescribed description
  41. 1BReview of controlled locality
  42. 2Public consultation Repealed
  43. 2ADispensing doctor notification
  44. 3Determination of applications
  45. 4Notification of decisions
  46. 5Appeals
  47. 6Form of Appeal
  48. Schedule 4
  49. Part I: PHARMACY PRACTICES COMMITTEE
  50. 1Pharmacy Practices Committee
  51. 2Functions
  52. 3Membership
  53. 4Declaration of interest
  54. 5Quorum
  55. 5AIndependent legal assessor
  56. 6Voting
  57. 7Standing orders
  58. 8Vacancy
  59. Part II: NATIONAL APPEAL PANEL
  60. 9Nominees for the National Appeal Panel
  61. 10Chair of National Appeal Panel
  62. 11Membership
  63. 12Declaration of interest
  64. 13Quorum Repealed
  65. 14Voting
  66. 15Notice of decision of National Appeal Panel
  67. Schedule 5REVOCATIONS
  68. Schedule 6: CONSEQUENTIAL AMENDMENTS
  69. 1National Health Service (General Dental Services) (Scotland) Regulations 1996
  70. 2Nurses and Midwives (Part of and Entries in the Register) Order of Council in Session 2004
  71. 3The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 Repealed
  72. 4The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 Repealed
  73. 5The National Health Service (Discipline Committees) (Scotland) Regulations 2006
  74. 6The Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007 Repealed
  75. 7The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008
  76. Explanatory note