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STATUTORY INSTRUMENTS

2003 No. 1084

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003

  Made 9th April 2003 
  Laid before Parliament 16th April 2003 
  Coming into force 7th May 2003 

The Secretary of State for Health, in exercise of the powers conferred on him by sections 29, 41, 42, 43, 77, 83A and 126(4) and (5) of the National Health Service Act 1977[1] and sections 35 and 38 of the Health and Social Care Act 2001[2], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and application
     1.  - (1) These Regulations may be cited as the National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003 and shall come into force on 7th May 2003.

    (2) These Regulations apply to England only[3].

    (3) The National Health Service (Pharmaceutical Services) Regulations 1992[4] are amended in accordance with the provisions of Part I of these Regulations.

    (4) The National Health Service (General Medical Services) Regulations 1992[5] are amended in accordance with the provisions of Part II of these Regulations.

    (5) The National Health Service (Charges for Drugs and Appliances) Regulations 2000[6] are amended in accordance with the provisions of Part III of these Regulations.



PART I

AMENDMENT OF THE NATIONAL HEALTH SERVICE (PHARMACEUTICAL SERVICES) REGULATIONS 1992

Amendment of regulation 2
     2. In regulation 2 (interpretation), in paragraph (1) - 

Amendment of regulation 4
     3. In regulation 4 (pharmaceutical lists) - 

Amendment of regulation 12
     4. In regulation 12 (determination of applications in respect of controlled localities), in paragraph 4A[8], for sub-paragraph (c) substitute - 

Amendment of regulation 16A
     5. In regulation 16A[9] (additional professional services), in paragraph (2)(c)(i), for "regulation 6(1)(c) of the National Health Service (Charges for Drugs and Appliances) Regulations 1989" substitute "regulation 7(1)(c) of the Charges Regulations".

Insertion of regulation 16B
     6. After regulation 16A insert the following regulation - 

Amendment of regulation 18
     7. In regulation 18 (standards of, and payments for, drugs and appliances), in paragraph (1)(g), after "supply of drugs and appliances" insert ", repeat dispensing services".

Amendment of regulation 18B
     8. In regulation 18B[11] (reward scheme), in paragraph (1) - 

Amendment of Schedule 2
     9.  - (1) Schedule 2 is amended as follows.

    (2) In paragraph 1 (interpretation) - 

    (3) In paragraph 3 (provision of pharmaceutical services) - 

    (4) After paragraph 3 (provision of pharmaceutical services), insert - 

    (5) In paragraph 5 (provision of drugs and fitting of appliances), in sub-paragraph (2) - 

    (6) In paragraph 8 (remuneration of chemists), after sub-paragraph (2A) insert - 

    (7) In paragraph 11B, in sub-paragraph (a) - 

Insertion of Schedule 3A
     10. After Schedule 3, the following Schedule shall be inserted as Schedule 3A - 





PART II

AMENDMENT OF THE NATIONAL HEALTH SERVICE (GENERAL MEDICAL SERVICES) REGULATIONS 1992

Amendment of regulation 2
     11. In regulation 2 (interpretation), in paragraph (1) - 

Amendment of regulation 4
     12. In regulation 4 (medical list), in paragraph (4), after sub-paragraph (c) insert - 

Insertion of regulation 33A
     13. After regulation 33 (obtaining minor surgery services), insert the following regulation - 

Amendment of Schedule 2
     14.  - (1) Schedule 2 (terms of service for doctors) is amended as follows.

    (2) In paragraph 1 (interpretation), in the definition of "prescription form", at the end insert "and does not include a repeatable prescription;".

    (3) In paragraph 19 - 

    (4) In paragraph 40, after "prescription" insert "or repeatable prescription".

    (5) In paragraph 42, after "prescription" insert "or repeatable prescription".

    (6) In paragraph 43 (prescribing) - 

    (7) After paragraph 43 insert - 

    (8) In paragraph 44 - 

    (9) In paragraph 46, for "paragraphs 43 and 44" substitute "paragraphs 43, 43A and 44".

    (10) In paragraph 49 (inquiries about prescriptions and referrals), in sub-paragraph (1)(a), after "prescription form" insert "or repeatable prescription".

Insertion of Schedules 6A and 6B
     15. After Schedule 6 (minor surgery procedures), the following Schedules shall be inserted as Schedules 6A and 6B - 



Amendment of Schedule 12
     16. In Schedule 12 (information to be included in practice leaflets), after paragraph 10 insert - 

Amendment of Schedule 13
     17. In Schedule 13 (information to be provided in annual reports), after paragraph 2 insert - 



PART III

AMENDMENT OF THE NATIONAL HEALTH SERVICE (CHARGES FOR DRUGS AND APPLIANCES) REGULATIONS 2000

Amendment of regulation 2
     18. In regulation 2 (interpretation) - 

Amendment of regulation 3
     19.  - (1) Regulation 3 (supply of drugs and appliances by chemists) is amended as follows.

    (2) In paragraph (1), for "A chemist" substitute "Except as provided in paragraph (1A), a chemist".

    (3) After paragraph (1) insert - 

    (4) For paragraph (3) substitute - 

    (5) In paragraph (5) - 

    (6) In paragraph (6), after "paragraph (1)" insert "or paragraph (1A)".



Signed by authority of the Secretary of State for Health


David Lammy
Parliamentary Under Secretary of State, Department of Health

9th April 2003


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations make amendments to certain other National Health Service Regulations to establish schemes for repeat dispensing, which involve doctors issuing, and chemists dispensing in accordance with, repeatable prescriptions.

The Regulations apply to certain areas of England only. Those Primary Care Trust areas which are covered are specified in amendments to the National Health Service (Pharmaceutical Services) Regulations 1992 ("the Pharmaceutical Regulations") and the National Health Service (General Medical Services) Regulations 1992 ("the Medical Regulations") (see regulations 10 and 15 of these Regulations).

Part I of the Regulations amends the Pharmaceutical Regulations. The main changes are as follows:

    - regulation 2 inserts definitions into regulation 2 of the Pharmaceutical Regulations;

    - regulation 6 adds regulation 16B to the Pharmaceutical Regulations, specifying those chemists who are eligible to provide repeat dispensing services, and how they should notify the Primary Care Trust that they wish to do so; and

    - regulation 9 amends Schedule 2 to the Pharmaceutical Regulations (chemists' terms of service), and makes provision regarding the dispensing of repeatable prescriptions. In particular, it inserts paragraph 3A into that Schedule which makes specific provision for the dispensing of such prescriptions (regulation 9(4)), for example concerning the endorsement and storage of such prescriptions by chemists and the circumstances in which chemists must or may refuse to dispense such a prescription.

Regulations 4, 5 and 8 of these Regulations make further minor amendments to the Pharmaceutical Regulations, unconnected with repeat dispensing schemes.

Part II of the Regulations amends the Medical Regulations. The main changes are as follows:

    - regulation 11 inserts definitions into regulation 2 of the Medical Regulations;

    - regulation 13 inserts regulation 33A into the Medical Regulations, specifying those doctors who are eligible to issue repeatable prescriptions, and how they should notify the Primary Care Trust that they wish to do so;

    - regulation 14 amends Schedule 2 to the Medical Regulations (doctors' terms of service) to provide for the issuing of repeatable prescriptions, and in particular inserts paragraph 43A into that Schedule, which makes specific provision in connection with such prescriptions (regulation 14(7)); and

    - regulation 15 inserts Schedule 6B into the Medical Regulations, specifying the format of the repeatable prescription and batch issue forms that must be issued in connection with repeat dispensing.

Part III of the Regulations amends the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ("the Charges Regulations"). The main changes are as follows:

    - regulation 18 inserts definitions into regulation 2 of the Charges Regulations, and also amends regulation 2 to ensure that where more than one container of drugs, or more than one appliance (subject to specified exceptions) is provided in reliance on one batch issue, only one charge is payable; and

    - regulation 19 amends regulation 3 of the Charges Regulations, to clarify that the specified charges are payable on each batch issue, requiring a person paying such a charge to sign a declaration that the charge has been paid, and specifying that the exemptions, remissions, requirement for the charge to be paid and requirement to issue a receipt, which apply to all other charges under the Charges Regulations, also apply to charges for repeat dispensing services.

Notes:

 [1] 1977 c.49; section 29 was extended by the Health and Medicines Act 1988 (c.49) ("the 1988 Act"), section 17; amended by the Health Services Act 1980 (c.53) ("the 1980 Act"), sections 1 and 7 and Schedule 1, paragraph 42(b); by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 6, paragraph 2; by the Medical Act 1983 (c.54), section 56(1) and Schedule 5, paragraph 16(a); by S.I. 1985/39, article 7(3); by the Health Authorities Act 1995 (c.17) ("the 1995 Act"), Schedule 1, paragraph 18; by the National Health Service (Primary Care) Act 1997 (c.46) ("the 1997 Act"), Schedule 2, paragraph 8; by the Health and Social Care Act 2001 (c.15) ("the 2001 Act"), section 17; and by the National Health Service Reform and Health Care Professions Act 2002 (c.17) ("the 2002 Act"), Schedule 2, paragraph 3. Section 41 was substituted by the 2001 Act, section 42(1), and amended by the 2002 Act, Schedule 2, paragraph 13. Section 42 was substituted by the National Health Service (Amendment) Act 1986 (c.66), section 3(1); extended by the 1988 Act, 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 1995 Act, Schedule 1, paragraph 30; by the 2001 Act, section 43(2), (3) and (4); and by the 2002 Act, Schedule 2, paragraph 16. Section 43 was amended by the 1995 Act, Schedule 1, paragraph 31; by the 1980 Act, section 21(2); by the 1997 Act, section 29(1) and Schedule 2, paragraph 14; by the 1990 Act, Schedule 9, paragraph 18(2); by the 2001 Act, section 42(2) and 43(5); and by the 2002 Act, Schedule 2, paragraph 17. Section 83A was inserted by the Social Security Act 1988 (c.7), section 14(1), and amended by the 1988 Act, section 25 and Schedule 2, paragraph 6; by the 1990 Act, section 66(1) and Schedule 9, paragraph 18(5); by the 1995 Act, section 2(1) and Schedule 1, paragraph 40; by article 2 of S.I. 1998/2385; by article 3(1) of S.I. 2000/90; and by the 2002 Act, Schedule 2, paragraph 32. Section 126(4) was amended by the 1990 Act, section 65(2); by the Health Act 1999 (c.8) ("the 1999 Act"), Schedule 4, paragraph 37(6); and by the 2001 Act, Schedule 5, paragraph 5(13)(b). Section 126(5) was inserted by the 1990 Act, section 65(2); and amended by the 2001 Act, Schedule 5, paragraph 5(13)(d). See section 128(1) of the National Health Service Act 1977 ("the 1977 Act") as amended by the 1990 Act, section 26(2)(g) and (i), for the definitions of "prescribed" and "regulations".back

[2] 2001 c.15.back

[3] As regards Wales, the functions of the Secretary of State under sections 29, 41, 42, 43, 77, 83A and 126 of the 1977 Act were transferred to the National Assembly for Wales under S.I. 1999/672, article 2 and Schedule 1, as amended by the 1999 Act, section 66(5) and as read with section 40(1) of the 2002 Act.back

[4] S.I. 1992/662. Relevant amending instruments are 1993/2451, 1994/2402, 1995/644, 1996/698, 1998/681, 1999/696, 1999/2563, 2000/593, 2001/1396, 2001/2888, 2002/551, 2002/888, 2002/2469, 2002/2861 and 2003/699.back

[5] S.I. 1992/635. Relevant amending instruments are 1993/540, 1995/80, 1996/702, 1997/730, 1998/682, 1998/1664, 2000/3040, 2001/706, 2001/2890, 2001/3742, 2002/551, 2002/2469, 2002/2861 and 2003/699.back

[6] S.I. 2000/620, as amended by S.I. 2000/2393, 2000/3189, 2001/746, 2001/2887, 2002/548, 2002/1386, 2002/2352 and 2003/699.back

[7] Schedule 6B of the National Health Service (General Medical Services) Regulations 1992 is inserted by regulation 15 of these Regulations.back

[8] Regulation 12(4A) was inserted by S.I. 2002/2861.back

[9] Regulation 16A was inserted by S.I. 1993/2451.back

[10] Regulation 2A was inserted by S.I. 2001/2888.back

[11] Regulation 18B was inserted by S.I. 1999/696.back

[12] Regulation 33A of the National Health Service (General Medical Services) Regulations 1992 is inserted by regulation 13 of these Regulations.back

[13] These Directions came into force on 9th April 2002. Direction 12A was inserted by the Strategic Health Authorities and Primary Care Trusts Implementation of Pilot Schemes (Personal Medical Services) (Amendment) (No. 2) Directions 2003. Copies of the Directions and the amending Directions are available on the Department of Health's website at www.doh.gov.uk/pricare.pca.htm.back

[14] 1971 c.38.back

[15] S.I. 2001/3998.back

[16] Paragraph (1A) of regulation 3 is inserted by regulation 19 of these Regulations.back

[17] The Prescription Pricing Authority is a Special Health Authority constituted under section 11 of the 1977 Act; see S.I. 1990/1718.back

[18] Paragraph 1A of Schedule 2 was inserted by S.I. 2001/2890.back

[19] S.I. 1992/635; Schedule 6B is inserted by regulation 15 of these Regulations.back

[20] As amended by S.I. 2001/2887 and S.I. 2002/2352.back

[21] S.I. 1992/635. Paragraph 45 was amended by regulation 31(1) and (4)(c) of S.I. 2002/2861.back


ISBN 0 11 045702 1


 
© Crown copyright 2003
Prepared 16 April 2003

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