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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The National Health Service (Pharmaceutical Services) (Remuneration for Persons providing Pharmaceutical Services) (Amendment) (Wales) Regulations 2007 No. 1112 (W.117) URL: http://www.bailii.org/wales/legis/num_reg/2007/20071112e.html |
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Made | 27 March 2007 | ||
Coming into force in accordance with regulation 1(2) of these Regulations |
Amendment of regulation 2 of the principal Regulations
3.
In regulation 2(1) of the principal Regulations (interpretation), in the appropriate place in the alphabetical order, insert—
Substitution of regulation 18 of the principal Regulations
4.
For regulation 18 of the principal Regulations (standards of, and payments for, drugs and appliances) substitute—
(c) determining authorities may make determinations which take effect in relation to remuneration in respect of a period beginning on or after the date specified in the determination, which may be the date of the determination or an earlier or later date, but it may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates;
(d) where a determination included in the Drug Tariff does not specify a date as mentioned in paragraph (c), it will have effect in relation to remuneration in respect of the period beginning on the date on which the change to the Drug Tariff is published;
(e) the National Assembly for Wales will publish the Drug Tariff, and any amendments to it, in such format as it thinks fit (including, as regards publishing any amendments, by publishing a consolidated version of the Drug Tariff with the amendments included in it) and at such intervals as it thinks fit (having regard to the provisions of paragraphs (c) and (d);
(f) consultation pursuant to section 89(1) by a determining authority prior to the inclusion of or a change to the price of a drug or appliance will be by way of consultation on the process for determining the price to be included or changed, not on the proposed price itself (unless it is impossible to carry out an effective consultation in any other way);
(g) where the National Assembly for Wales states in the Drug Tariff that the determining authority for a particular fee, allowance or other remuneration is to be the Local Health Board of the chemist to whom the remuneration relates—
(h) payments under—
but are in either case to be subject, as appropriate, to any deduction that may or must be made from the remuneration of a chemist under these Regulations, the 2006 Act or any other Regulations under the 2006 Act.".
Amendment of regulation 18A of the principal Regulations
5.
In regulation 18A of the principal Regulations (payments to suspended chemists), omit paragraph (4).
Amendment of regulation 22 of the principal Regulations
6.
In regulation 22(1)(e) of the principal Regulations (publication of particulars), for the words "determinations made by the Health Authority by virtue of regulation 18(1A)" substitute "determinations made by the Local Health Board as a consequence of regulation 18(g)".
Amendment of regulation 24 of the principal Regulations
7.
In regulation 24(1) of the principal Regulations (claims and overpayments), for the words "made by the Health Authority by virtue of regulation 18(1A)" substitute "made by the Local Health Board as a consequence of regulation 18(g).".
Amendment of paragraph 22 of Schedule 2 to the principal Regulations
8.
In paragraph 22(4) of Schedule 2 to the principal Regulations (matters to be considered when issuing directions in respect of pharmacy opening hours), for the words "under the Drug Tariff" substitute "in accordance with a determination made as a consequence of regulation 18(g)".
Amendment of the Indicative Amounts Regulations
9.
In regulation 1(2) of the Indicative Amounts Regulations (interpretation), for the definition of "Drug Tariff", substitute—
Amendment of the Prescribed Functions Regulations
10.
In regulation 2(2) of the Prescribed Functions Regulations (prescribed functions of Health Authorities in Wales), for sub-paragraph (d) substitute the following sub-paragraph—
Amendment of the Charges for Drugs and Appliances Regulations
11.
In regulation 2(1) of the Charges for Drugs and Appliances Regulations (interpretation), for the definition of Drug Tariff, substitute the following definition—
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[8]
D. Elis-Thomas
The Presiding Officer of the National Assembly
Date
[3] S.I.1997/980; relevant amending instrument is S.I.2005/641.back
[4] S.I.2001/1543 (W.108).back
[7] In Wales the functions of Local Pharmaceutical Committees (as provided for in section 90 of the 2006 Act) are performed by the committees of Community Pharmacy Wales.back
© Crown copyright 2007