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Statutory Instruments

1988 No. 1106

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1988

Made

27th June 1988

Laid before Parliament

1st July 1988

Coming into force

1st August 1988

The Secretary of State for Social Services, in exercise of powers conferred on him by sections 29, 41 and 42 of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1988 and shall come into force on 1st August 1988.

Amendment of Regulations

2.-(1) The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974(2) shall be amended in accordance with the following paragraphs of this regulation.

(2) In Schedule 1 (terms of service for doctors), there shall be inserted after paragraph 33A the following paragraph -

"33B. A doctor shall not without reasonable excuse demand or accept from a Committee any fee or other remuneration to which he is not entitled under the provisions of the regulations, the Statement published under regulation 24 or the Drug Tariff.".

(3) In Schedule 3A (drugs and other substances not to be prescribed for supply under pharmaceutical services) -

(a)the following entries shall be omitted:-

(b)the following entries shall be inserted:-

(i)immediately after "10 Hour Capsules"-

(ii)at the appropriate point in the alphabetical order-

Signed by authority of the Secretary of State for Social Services

Tony Newton

Minister of State,

Department of Health and Social Security

27th June 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 ("the 1974 Regulations") which regulate the terms on which doctors and chemists provide general medical services and pharmaceutical services under the National Health Service Act 1977.

Part I of Schedule 1 to the 1974 Regulations contains the terms of service for doctors providing general medical services. Regulation 2(2) of these Regulations inserts into that Part a paragraph imposing on doctors a specific obligation not to demand or receive fees or other remuneration to which they are not entitled.

Schedule 3A to the 1974 Regulations contains a list of drugs and other substances for which a doctor may not issue a prescription for supply under pharmaceutical services and which may not be dispensed under those services. Regulation 2(3) of these Regulations removes some drugs and other substances from, and includes others in, that list.

(1)

1977 c. 49; see section 128(1) for the definition of "regulations"; section 29 was amended by the Health Services Act 1980 (c. 53), section 7 and Schedule 1, paragraph 42 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; section 41 was amended by the Health Services Act 1980, section 20(1) and Schedule 1, paragraph 53 and Schedule 7; section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1) and amended by S.I. 1988/866; sections 29 and 41 were each modified by S.I. 1985/39.

(2)

S.I. 1974/160; relevant amending instruments are S.I. 1985/290, 803 and 1712, 1986/381.


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URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_19881106_en.html