The National Health Service (Pharmaceutical Services) Regulations 2005
S.I. 2005/641 · Made 10 March 2005
NATIONAL HEALTH SERVICE, ENGLAND
Made 10th March 2005
Laid before Parliament 11th March 2005
Coming into force 1st April 2005
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 41, 42, 43, 43ZA, 49F, 49I, 49N, 49O, 49P, 49Q and 126(4) of the National Health Service Act 1977f1 hereby makes the following Regulations:—
Annotations to the whole text
Footnotes
- f1
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1977 c. 49; section 41 was substituted by the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), section 42(1), and amended by the National Health Service Reform and Healthcare Professions Act 2002 (c. 17) (“the 2002 Act”), Schedule 2, Part 1, paragraphs 1 and 13; and by the Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590) article 3, Schedule, Part 1, paragraph 3 and the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771) article 8. Section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1); extended by the Health and Medicines Act 1988 (c. 49), section 17; and amended by S.I. 1987/2202, article 4; by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 12(3); by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), Schedule 1, paragraph 30; by the Pharmacists (Fitness to Practice) Act 1997 (c. 19), Schedule, paragraph 6; by the 2001 Act, sections 20(6), 43(2), (3) and (4) and by Schedule 6 Part 1; and by the 2002 Act, Schedule 2, paragraph 16. Section 43 was amended by the 1995 Act, Schedule 1, paragraph 31; by the Health Services Act 1980 (c. 53), section 21(2); by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), section 29(1) and Schedule 2, paragraphs 3 and 14; by the 1990 Act, Schedule 9, paragraph 18(2); by the 2001 Act, sections 20(7), 42(2) and 43(5); and by the 2002 Act, Schedule 2, paragraph 17. Section 43ZA was inserted by the 2001 Act, section 21, and amended by the 2002 Act, section 2(5) and Schedule 2, Part 1, paragraphs 1 and 18, and by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (“the 2003 Act”), Schedule 14, Part 4. Sections 49F, 49I, 49N, 49O and 49Q were inserted by the 2001 Act, section 25 and amended by the 2002 Act, Schedule 2, paragraphs 1, 21, 23, 24, 25, 26, 27 and 28. Section 126(4) was amended by the Health Act 1999 (“the 1999 Act”), section 65(1), Schedule 4, paragraphs 3 and 37. See section 128(1) of the National Health Service Act 1977 as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”.
Contents
- Part 1: General
- 1Citation, commencement and extent
- 2Interpretation
- 3Terms of service
- Part 2: Pharmaceutical Lists and Applications for Admission to a Pharmaceutical List
- 4Preparation of lists
- 5Applications for inclusion in or amendment to a pharmaceutical list
- 6Applications involving a minor relocation within a Primary Care Trust’s area
- 7Applications involving a minor relocation between neighbouring Primary Care Trusts
- 8Applications involving a change of ownership
- 9Applications following suspension from the list
- 10Right of return to pharmaceutical lists
- 11Refusal: general provisions
- 12Necessary or desirable test
- 13Exemption from the necessary or desirable test
- 14Variation of directed services in respect of exempted premises
- 15Approved retail areas
- 16New one-stop primary care centres
- 17Refusal: distance selling premises
- 18Refusal: premises which are in a controlled locality but not in a reserved location
- 19Refusal: fitness to practise grounds
- 20Imposition of conditions
- 21Conditional inclusion relating to fitness to practise matters
- 22Relevant procedures for applications
- 23Notification of applications
- 24Determination of applications
- 25Deferral of consideration of certain applications
- 26Deferral of consideration of applications on fitness to practise grounds
- 27Notification of decision
- 28Notifications by Primary Care Trusts to other persons
- 29Appeals
- 30Appeals against imposition of conditions and related decisions
- 31Determination that an area is a controlled locality
- 32Appeals relating to rurality of an area
- 33Notification of an application in respect of premises in a controlled locality
- 34Decision not to consider an application in respect of premises in a controlled locality
- 35Pharmaceutical services in reserved locations
- 36Determination of applications in respect of controlled localities
- 37Notification of decision in respect of applications in controlled localities
- 38Appeals in connection with determinations in respect of controlled localities etc
- 39Procedure after grant of application
- 40Preliminary consent to be included in a pharmaceutical list
- 41Effect of preliminary consent
- Part 3: Conditional inclusion, suspension and removal from pharmaceutical lists
- 42Review of decision to impose conditions
- 43Appeals following a review
- 44Removal for breach of conditions
- 45Removal from pharmaceutical lists
- 46Criteria for decisions on removal
- 47Cases where the Primary Care Trust must remove a chemist
- 48Procedure on removal
- 49Supplementary matters relating to removal
- 50Procedure on suspension
- 51Procedure on review of Primary Care Trust decision
- 52Review periods on national disqualification
- 53Withdrawals from the list
- 54Temporary provision of services during a period of suspension
- 55Notifications
- Part 4: Payments to chemists
- 56Standards of, and payments for, drugs and appliances
- 57Claims and overpayments
- 58Payments to suspended chemists
- 59Reward Scheme
- Part 5: Provision of Pharmaceutical Services by Doctors
- 60Arrangements for provision of pharmaceutical services by doctors
- 61Outline consent and premises approval
- 62Taking effect of outline consent and premises approval
- 63Lapse of outline consent and premises approval
- 64Premises approval: change of premises before outline consent takes effect
- 65Premises approval: additional and new premises after outline consent has taken effect
- 66Premises approval: practice amalgamations
- 67Premises approval – transitional provisions
- 68Dispensing doctor lists
- 69Removal of entries from dispensing doctor lists
- Part 6: Miscellaneous
- 70Publication of particulars
- 71List of chemists providing an ETP service
- 72Exercise of choice of chemist in certain cases
- 73Transitional provisions
- 74Transitional arrangements in respect of terms of service
- 75Minor and consequential amendments and revocations
- Signature
- Schedule 1: TERMS OF SERVICE OF PHARMACISTS
- Part 1: GENERAL
- 1Incorporation of provisions
- 2Division of responsibilities between individuals and corporate bodies
- Part 2: ESSENTIAL SERVICES
- 3Essential services
- 4Dispensing services
- 5Dispensing of drugs and appliances
- 6Urgent supply without a prescription
- 7Preliminary matters before providing ordered drugs or appliances
- 8Providing ordered drugs or appliances
- 9Refusal to provide drugs or appliances ordered
- 10Further activities to be carried out in connection with the provision of dispensing services
- 11Additional requirements in relation to electronic prescribing
- 12Disposal service in respect of unwanted drugs
- 13Basic procedure in respect of unwanted drugs
- 14Further activities to be carried out in connection with the disposal of unwanted drugs
- 15Promotion of healthy lifestyles
- 16Prescription linked intervention
- 17Public health campaigns
- 18Signposting
- 19Service outline in respect of signposting
- 20Support for self-care
- 21Service outline in respect of support for self-care
- Part 3: HOURS OF OPENING
- 22Pharmacy opening hours: general
- 23Matters to be considered when issuing directions in respect of pharmacy opening hours
- 24Determination of pharmacy opening hours instigated by the Primary Care Trust
- 25Determination of pharmacy opening hours instigated by the pharmacist
- Part 4: CLINICAL GOVERNANCE, FITNESS TO PRACTISE AND COMPLAINTS
- 26Clinical governance
- 27Professional Standards
- 28Inducements etc.
- 29Duty to provide information about fitness to practise matters: pharmacists on pharmaceutical lists on 1st April 2005
- 30Duty to provide information about fitness to practise matters as they arise
- 31Home Primary Care Trust of bodies corporate
- 32Complaints
- Part 5: OTHER TERMS OF SERVICE
- 33Directed Services
- 34Information to be supplied
- 35Withdrawal from pharmaceutical lists
- 36Charges for drugs and refunds
- 37Inspections and access to information
- Schedule 2: TERMS OF SERVICE OF DISPENSING DOCTORS
- 1Incorporation of provisions
- 2Persons duly authorised to dispense on behalf of dispensing doctors
- 3Dispensing of drugs and appliances ordered by another prescriber
- 4Dispensing of drugs and appliances ordered by the dispensing doctor
- 5Preliminary matters before providing ordered drugs or appliances
- 6Provision of Scheduled drugs
- 7Refusal to provide drugs or appliances ordered
- 8Fees and charges
- 9Complaints procedures
- 10Inspections and access to information
- Schedule 3: TERMS OF SERVICE OF SUPPLIERS OF APPLIANCES
- 1Incorporation of provisions
- 2Division of responsibilities between individuals and corporate bodies
- 3Dispensing services
- 4Dispensing of appliances
- 5Preliminary matters before providing appliances
- 6Providing appliances
- 7Refusal to provide appliances ordered
- 8Further activities to be carried out in connection with the provision of dispensing services
- 9Additional requirements in relation to electronic prescribing
- 10Opening hours: general
- 11Matters to be considered when issuing directions in respect of opening hours
- 12Determination of opening hours instigated by the Primary Care Trust
- 13Determination of opening hours instigated by the supplier of appliances
- 14Professional Standards
- 15Inducements etc.
- 16Duty to provide information about fitness to practise matters: suppliers of appliances on pharmaceutical lists on 1st April 2005
- 17Duty to provide information about fitness to practise matters as they arise
- 18Home Primary Care Trust of bodies corporate
- 19Complaints
- 20Directed Services
- 21Information to be supplied
- 22Withdrawal from pharmaceutical lists
- 23Charges for appliances
- 24Inspections and access to information
- Schedule 4
- Part 1: INFORMATION TO BE INCLUDED IN AN APPLICATION FOR INCLUSION IN A PHARMACEUTICAL LIST OR INCLUSION IN A LIST IN RESPECT OF DIFFERENT SERVICES OR PREMISES
- 1APPLICATION
- 2DETAILS OF APPLICANT
- 3DETAILS OF PREMISES AND OPENING HOURS
- 4PHARMACEUTICAL SERVICES TO BE PROVIDED
- 5NECESSARY OR DESIRABLE TEST
- 6APPLICATIONS MADE UNDER REGULATION 5(1)(b)(ii) OR 5(1)(c)
- 7APPLICATIONS MADE UNDER REGULATION 5(1)(b)(iii)
- 8APPLICATIONS MADE IN ACCORDANCE WITH REGULATION 8
- 2NOTIFICATION OF COMMENCEMENT DATE
- Part 3: INFORMATION AND UNDERTAKINGS TO BE GIVEN BY AN APPLICANT IN CONNECTION WITH AN APPLICATION FOR INCLUSION (OR TEMPORARY INCLUSION) IN A PHARMACEUTICAL LIST
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 5: MINOR AND CONSEQUENTIAL AMENDMENTS
- 1The National Health Service (General Medical Services Contracts) (Personal Medical Services Agreements) and (Pharmaceutical Services) (Amendment) Regulations 2005
- 2The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004
- 3The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004
- 4The Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004
- 5The National Health Service (General Medical Services etc) (Patients' Forums) Amendment Regulations 2003
- 6The National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003
- 7The National Health Service (Amendments Relating to Prescribing by Nurses and Pharmacists etc) (England) Regulations 2003
- 8The National Health Service (Local Pharmaceutical Services Etc) Regulations 2002
- 9The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002
- 10The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002
- 11The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002
- 12The National Health Service (Pharmaceutical Services) and (Misuse of Drugs) (Electronic Communications) Order 2001
- 13The National Health Service (Charges for Drugs and Appliances) Regulations 2000
- 14The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000
- 15The National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998
- 16The National Health Service (Indicative Amounts) Regulations 1997
- 17The National Health Service (Service Committees and Tribunal) Regulations 1992
- 18The National Health Service (General Dental Services) Regulations 1992
- Schedule 6REVOCATIONS
- Explanatory note