The National Health Service (Pharmaceutical Services) Regulations 2012 (revoked)

S.I. 2012/1909 · Made 18 July 2012 · Extends to England and Wales

Contents

1. Part 1: Introductory Repealed
2. 1Citation and commencement Repealed
3. 2Interpretation Repealed
4. Part 2: Pharmaceutical needs assessments Repealed
5. 3Pharmaceutical needs assessments Repealed
6. 4Information to be contained in pharmaceutical needs assessments Repealed
7. 5Date by which the first pharmaceutical needs assessment is to be published Repealed
8. 6Subsequent assessments Repealed
9. 7Temporary extension of pharmaceutical needs assessments Repealed
10. 8Consultation on pharmaceutical needs assessments Repealed
11. 9Matters for consideration when making assessments Repealed
12. Part 3: General matters relating to pharmaceutical lists and applications in respect of them Repealed
13. 10Pharmaceutical lists and EPS lists Repealed
14. 11Terms of service of NHS chemists: general Repealed
15. 12Routine applications for inclusion in or amendment to a pharmaceutical list Repealed
16. 13Current needs: additional matters to which the Primary Care Trust must have regard Repealed
17. 14Current needs: consequences of additional matters Repealed
18. 15Future needs: additional matters to which the Primary Care Trust must have regard Repealed
19. 16Future needs: consequences of additional matters Repealed
20. 17Improvements or better access in the pharmaceutical needs assessment: additional matters to which the Primary Care Trust must have regard Repealed
21. 18Unforeseen benefits applications: additional matters to which the Primary Care Trust must have regard Repealed
22. 19Applications to which regulation 17 or 18 applies: consequences of additional matters Repealed
23. 20Future improvements or better access: additional matters to which the Primary Care Trust must have regard Repealed
24. 21Future improvements or better access: consequences of additional matters Repealed
25. 22Refusal of routine applications that are based on neither a pharmaceutical needs assessment nor unforeseen benefits Repealed
26. Part 4: Excepted applications Repealed
27. 23Applications from NHS chemists in respect of providing directed services Repealed
28. 24Relocations that do not result in significant change to pharmaceutical services provision Repealed
29. 25Distance selling premises applications Repealed
30. 26Change of ownership applications Repealed
31. 27Applications for temporary listings arising out of suspensions Repealed
32. 28Applications from persons exercising a right of return to a pharmaceutical list Repealed
33. 29Applications relating to emergencies requiring the flexible provision of pharmaceutical services Repealed
34. Part 5: Specific grounds for refusal or deferral of applications under Parts 3 and 4 which are not linked to fitness grounds Repealed
35. 30Refusal: language requirement for some NHS pharmacists Repealed
36. 31Refusal: same or adjacent premises Repealed
37. 32Deferrals arising out of LPS designations Repealed
38. Part 6: Refusal, deferral and conditional inclusion in pharmaceutical lists of chemists on fitness grounds Repealed
39. 33Refusal of applications for inclusion in a pharmaceutical list on fitness grounds Repealed
40. 34Deferral of consideration of applications for inclusion in a pharmaceutical list on fitness grounds Repealed
41. 35Granting applications for inclusion in a pharmaceutical list subject to efficiency conditions and conditions to combat fraud Repealed
42. Part 7: Areas that are controlled localities and reserved locations, and new pharmacies within them Repealed
43. 36Determination that an area is a controlled locality Repealed
44. 37Process for determining controlled localities: preliminary matters Repealed
45. 38Process for determining controlled localities: local notification and deferment of routine applications Repealed
46. 39Process of determining controlled localities: formulation of the Primary Care Trust’s decision Repealed
47. 40Applications for new pharmacy premises in controlled localities: refusals because of preliminary matters Repealed
48. 41Applications for new pharmacy premises in controlled localities: reserved locations Repealed
49. 42Second and subsequent determinations of reserved location status Repealed
50. 43Determinations of reserved locations: supplemental matters Repealed
51. 44Prejudice test in respect of routine applications for new pharmacy premises in a part of a controlled locality that is not a reserved location Repealed
52. 45Appeals against decisions under Part 7 Repealed
53. Part 8: Dispensing doctors Repealed
54. 46Dispensing doctor lists Repealed
55. 47Terms of service of dispensing doctors: general Repealed
56. 48Arrangements for the provision of pharmaceutical services by doctors: applications by patients Repealed
57. 49Necessary services for temporary patients Repealed
58. 50Discontinuation of arrangements for the provision of pharmaceutical services by doctors Repealed
59. 51Outline consent and premises approval: applications by doctors Repealed
60. 52Notification of applications for outline consent and premises approval Repealed
61. 53Decisions on outline consent and premises approval applications and the taking effect of grants Repealed
62. 54Premises approval: relocations of practice premises which are not significant before outline consent takes effect Repealed
63. 55Premises approval: relocations of practice premises which are not significant after outline consent has taken effect Repealed
64. 56Taking effect of premises approval where there is no related application for outline consent Repealed
65. 57Gradual introduction of premises approval Repealed
66. 58Temporary provision in cases of relocations or additional premises where premises approval has not taken effect Repealed
67. 59Practice amalgamations Repealed
68. 60Lapse of outline consent and premises approval Repealed
69. 61Temporary arrangements during an emergency requiring the flexible provision of pharmaceutical services Repealed
70. 62Persons barred from taking part in decision making with regard to applications for outline consent or premises approval Repealed
71. 63Appeals against decisions under Part 8 Repealed
72. Part 9: Conditional inclusion in pharmaceutical lists: certain specific conditions that do not relate to fitness or performance Repealed
73. 64Distance selling premises: specific conditions Repealed
74. 65Core opening hours conditions Repealed
75. 66Conditions relating to providing directed services Repealed
76. 67Conditions relating to voluntary closure of premises Repealed
77. 68Conditions relating to local resolution of disputes over terms of service Repealed
78. Part 10: Performance related sanctions and market exit Repealed
79. 69Local dispute resolution before serving remedial notices or breach notices Repealed
80. 70Breaches of terms of service: remedial notices Repealed
81. 71Breaches of terms of service: breach notices Repealed
82. 72Payment withholdings: supplementary matters Repealed
83. 73Removal of listings: cases relating to remedial notices and breach notices Repealed
84. 74Removal of listings: cases relating to death, incapacity or cessation of service Repealed
85. 75Voluntary and automatic removal of listings: change of ownership, relocation, temporary provision and voluntary closure Repealed
86. 76Limitation on withdrawal from pharmaceutical lists while fitness investigations or proceedings are ongoing Repealed
87. 77Appeals against decisions under Part 10 Repealed
88. Part 11: Enforcement, reviews and appeals relating to fitness matters Repealed
89. 78Extended meaning of “health scheme” in fraud cases Repealed
90. 79Review of decisions to impose fitness conditions originally imposed on grants of applications Repealed
91. 80Removal for breach of fitness conditions imposed under regulation 35 or 79 Repealed
92. 81Mandatory removal in suitability cases Repealed
93. 82Fitness cases: procedures for removal or contingent removal from pharmaceutical lists Repealed
94. 83Procedure for suspensions in fitness cases Repealed
95. 84Procedure for reviewing some suspensions and contingent removal conditions Repealed
96. 85General power to revoke suspensions in appropriate circumstances Repealed
97. 86Evidence of unsuitability, fraud or inefficiency in service provision: specific matters Repealed
98. 87Review periods for national disqualifications Repealed
99. 88Wider notifications of fitness decisions Repealed
100. Part 12: Remuneration, charges and refunds Repealed
101. 89The Drug Tariff and section 164: general provisions Repealed
102. 90Data to be provided to assist Drug Tariff determinations Repealed
103. 91Remuneration in respect of enhanced services Repealed
104. 92Dispensing doctor remuneration Repealed
105. 93The taking effect of determinations Repealed
106. 94Overpayments Repealed
107. 95Free supply of drugs, appliances and containers where the drug or appliance is supplied under pharmaceutical services Repealed
108. 96Refunds of prescription charges Repealed
109. 97Reward scheme Repealed
110. 98Payments to suspended chemists Repealed
111. Part 13: Miscellaneous Repealed
112. 99Sharing of information by home Primary Care Trusts Repealed
113. 100Notification by a Primary Care Trust of changes to its pharmaceutical lists Repealed
114. 101Proceedings with regard to overridden arrangements during an emergency requiring the flexible provision of pharmaceutical services Repealed
115. 102Authorised persons to apply for services Repealed
116. 103Transitional provisions Repealed
117. 104Amendments and revocations Repealed
118. 105Review of these Regulations Repealed
119. Signature
120. Schedule 1: Information to be contained in pharmaceutical needs assessments Repealed
121. 1Necessary services: current provision Repealed
122. 2Necessary services: gaps in provision Repealed
123. 3Other relevant services: current provision Repealed
124. 4Improvements and better access: gaps in provision Repealed
125. 5Other NHS services Repealed
126. 6How the assessment was carried out Repealed
127. 7Map of provision Repealed
128. Schedule 2: Applications in respect of pharmaceutical lists and the procedures to be followed Repealed
129. Part 1: Information to be included in routine and excepted applications Repealed
130. 1Information to be included in all routine and excepted applications Repealed
131. 2Information to be included in all routine and excepted applications for inclusion in a pharmaceutical list Repealed
132. 3Fitness information about individuals: routine and excepted applications for inclusion in a pharmaceutical list Repealed
133. 4Fitness information about corporate bodies: routine and excepted applications for inclusion in a pharmaceutical list Repealed
134. 5Providing fitness information instead to a home Primary Care Trust Repealed
135. 6Applications seeking the listing of premises that are already, or are in close proximity to, listed chemist premises Repealed
136. 7Additional information to be included with routine applications Repealed
137. 8Additional information to be included with excepted applications Repealed
138. 9Undertakings Repealed
139. 10Nature of details to be supplied Repealed
140. Part 2: Preliminary matters Repealed
141. 11Relevant information or documentation Repealed
142. 12Failure to provide undertakings Repealed
143. 13Functions of a home Primary Care Trust in relation to certain applications Repealed
144. 14Deferral of notifiable applications prior to notification Repealed
145. 15Refusal of notifiable applications prior to notification because of the language requirement for some NHS pharmacists Repealed
146. 16Refusal of notifiable applications on fitness grounds prior to notification Repealed
147. 17Proposed new pharmacy premises in controlled localities: refusal of routine applications because of preliminary matters prior to notification Repealed
148. Part 3: Notification of certain applications Repealed
149. 18Applications requiring notifications Repealed
150. 19Notification procedure for notifiable applications Repealed
151. 20Parallel notifications Repealed
152. 21Content of notifications Repealed
153. Part 4: Determination and deferral of applications Repealed
154. 22Flexibility with regard to determining or deferring applications Repealed
155. 23Additional matters for consideration in relation to applications for inclusion in a pharmaceutical list Repealed
156. 24Action following deferrals Repealed
157. 25Oral hearings Repealed
158. 26Persons barred from taking part in decision making on routine and excepted applications Repealed
159. 27Timetable for determining applications Repealed
160. Part 5: Notification, taking effect of decisions and rights of appeal to the Secretary of State Repealed
161. 28Notification of decisions on routine and excepted applications Repealed
162. 29Template notice of commencement to be included with a notice of decision Repealed
163. 30Third party rights of appeal to the Secretary of State where an application is granted Repealed
164. 31Conditional grant of applications where the address of the premises is unknown Repealed
165. 32Changes to the premises specified in an application after its grant but before the listing of the premises Repealed
166. 33Conditional grant in cases relating to future needs or future improvements or better access Repealed
167. 34Taking effect of listing decisions: general Repealed
168. 35Notice requiring the commencement of pharmaceutical services Repealed
169. 36Appeals to the Secretary of State by the applicant Repealed
170. Schedule 3: Appeals to the Secretary of State Repealed
171. Part 1: Preliminary matters Repealed
172. 1Determination of third party appeal rights in certain cases Repealed
173. 2Misconceived appeals Repealed
174. Part 2: Notification of appeals Repealed
175. 3Notification of appeals notices under paragraph 30, 32(5) or 36 of Schedule 2 Repealed
176. 4Notification of appeals relating to notices under regulation 45 Repealed
177. 5Notification of appeals relating to decisions under Part 8 of these Regulations Repealed
178. 6Non notification of appeals relating to notices under regulation 77 or 98 Repealed
179. Part 3: Determination of appeals Repealed
180. 7Flexibility with regard to the manner of determining appeals Repealed
181. 8Oral hearings Repealed
182. 9Decisions of the Secretary of State Repealed
183. 10Notification of decisions and subsequent action by the Primary Care Trust Repealed
184. 11Effect of decisions by the Secretary of State Repealed
185. Schedule 4: Terms of service of NHS pharmacists Repealed
186. Part 1: General Repealed
187. 1Responsibilities of NHS pharmacists and pharmacy staff Repealed
188. 2Breaches by directors and superintendents Repealed
189. Part 2: Essential services Repealed
190. 3Essential services Repealed
191. 4Dispensing services Repealed
192. 5Dispensing of drugs and appliances Repealed
193. 6Urgent supply without a prescription Repealed
194. 7Preliminary matters before providing ordered drugs or appliances Repealed
195. 8Providing ordered drugs or appliances Repealed
196. 9Refusal to provide drugs or appliances ordered Repealed
197. 10Further activities to be carried out in connection with the provision of dispensing services Repealed
198. 11Additional requirements in relation to electronic prescribing Repealed
199. 12Additional requirements in relation to specified appliances Repealed
200. 13Disposal service in respect of unwanted drugs Repealed
201. 14Basic procedure in respect of unwanted drugs Repealed
202. 15Further activities to be carried out in connection with the disposal of unwanted drugs Repealed
203. 16Promotion of healthy lifestyles Repealed
204. 17Prescription linked intervention Repealed
205. 18Public health campaigns Repealed
206. 19Signposting Repealed
207. 20Service outline in respect of signposting Repealed
208. 21Support for self-care Repealed
209. 22Service outline in respect of support for self-care Repealed
210. Part 3: Hours of opening Repealed
211. 23Pharmacy opening hours: general Repealed
212. 24Matters to be considered when issuing directions in respect of pharmacy premises core opening hours Repealed
213. 25Determination of pharmacy premises core opening hours instigated by the Primary Care Trust Repealed
214. 26Determination of pharmacy premises core opening hours instigated by the NHS pharmacist Repealed
215. 27Temporary opening hours and closures during an emergency requiring the flexible provision of pharmaceutical services Repealed
216. Part 4: Other terms of service Repealed
217. 28Clinical governance Repealed
218. 29Professional Standards Repealed
219. 30Inducements etc. Repealed
220. 31Duty to provide information about fitness matters as they arise Repealed
221. 32Other information to be supplied Repealed
222. 33Home Primary Care Trust of bodies corporate Repealed
223. 34Complaints Repealed
224. 35Inspections and access to information Repealed
225. Schedule 5: Terms of service of NHS appliance contractors Repealed
226. 1Division of responsibilities between individuals and corporate bodies Repealed
227. 2Breaches by directors Repealed
228. 3Dispensing services Repealed
229. 4Dispensing of appliances Repealed
230. 5Urgent supply without a prescription Repealed
231. 6Preliminary matters before providing appliances Repealed
232. 7Providing appliances Repealed
233. 8Refusal to provide appliances ordered Repealed
234. 9Further activities to be carried out in connection with the provision of dispensing services Repealed
235. 10Additional requirements in relation to electronic prescribing Repealed
236. 11Additional requirements in relation to specified appliances Repealed
237. 12Signposting Repealed
238. 13Opening hours: general Repealed
239. 14Matters to be considered when issuing directions in respect of core opening hours Repealed
240. 15Determination of core opening hours instigated by the Primary Care Trust Repealed
241. 16Determination of core opening hours instigated by the NHS appliance contractor Repealed
242. 17Temporary open hours and closures during an emergency requiring the flexible provision of pharmaceutical services Repealed
243. 18Clinical governance Repealed
244. 19Professional Standards Repealed
245. 20Inducements etc. Repealed
246. 21Duty to provide information about fitness matters as they arise Repealed
247. 22Other information to be supplied Repealed
248. 23Home Primary Care Trust of bodies corporate Repealed
249. 24Complaints Repealed
250. 25Inspections and access to information Repealed
251. Schedule 6: Terms of service of dispensing doctors Repealed
252. 1Persons duly authorised to dispense on behalf of dispensing doctors Repealed
253. 2Dispensing of drugs and appliances ordered by another prescriber Repealed
254. 3Dispensing of drugs and appliances ordered by the dispensing doctor Repealed
255. 4Preliminary matters before providing ordered drugs or appliances Repealed
256. 5Provision of Scheduled drugs Repealed
257. 6Refusal to provide drugs or appliances ordered Repealed
258. 7Dispensing doctors issuing prescription forms which may be presented to an NHS chemist Repealed
259. 8Complaints procedures Repealed
260. 9Inspections and access to information Repealed
261. 10Voluntary closure of premises Repealed
262. Schedule 7: Transitional provisions Repealed
263. 1Pharmaceutical needs assessments Repealed
264. 2Listing applications: NHS chemists Repealed
265. 3Listing applications: dispensing doctors Repealed
266. 4Approved retail areas Repealed
267. 5Controlled localities Repealed
268. 6Reserved locations Repealed
269. 7Gradual discontinuation of the provision of pharmaceutical services by doctors Repealed
270. 8Gradual introduction of the provision of pharmaceutical services by doctors Repealed
271. 9Giving effect to listing decisions taken under the 2005 Regulations Repealed
272. 10Dispensing contractor lists Repealed
273. 11Continuing matters: periods of time Repealed
274. 12Other continuing matters: NHS chemists Repealed
275. 13Other continuing matters: dispensing doctors Repealed
276. 14Continuing operation of SCAT arrangements Repealed
277. 15The application of Group 12 of Schedule 8 to the Value Added Tax Act 1994 Repealed
278. 16Terms of service for distance selling premises Repealed
279. Schedule 8: Amendments and revocations Repealed
280. 1Revocation of the National Health Service (Service Committees and Tribunal) Regulations 1992, and of amendments to and measures relating to those Regulations Repealed
281. 2Amendment to the National Health Service (Indicative Amounts) Regulations 1997 Repealed
282. 3Amendment to the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000 Repealed
283. 4Amendments to the National Health Service (Charges for Drugs and Appliances) Regulations 2000 Repealed
284. 5Amendments to the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 Repealed
285. 6Amendments to the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002 Repealed
286. 7Amendments to the National Health Service (General Medical Services Contracts) Regulations 2004 Repealed
287. 8Amendments to the National Health Service (Personal Medical Services Agreements) Regulations 2004 Repealed
288. 9Revocation of the National Health Service (Pharmaceutical Services) Regulations 2005 and of amendments to those Regulations Repealed
289. 10Amendments to the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 Repealed
290. 11Amendments to the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 Repealed
291. Explanatory note