The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

Changes over time for: Paragraph 3B

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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, Paragraph 3B is up to date with all changes known to be in force on or before 05 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

reg. 91A(2)(aa)(ab) inserted by S.I. 2024/838 reg. 2(3)(c)
reg. 91A(3A) inserted by S.I. 2024/838 reg. 2(5)

[F1Supply in accordance with a PTP [F2or a PTPGD] U.K.

This adran has no associated Memorandwm Esboniadol

3B.—(1) Subject to the following provisions of [F3this Schedule,] where—

(a)a dispensing doctor (D) receives, via a secure service approved by [F4NHS England] for this purpose, an electronic message that amounts to an order for the supply of a drug in accordance with a PTP [F5or a PTPGD]; and

(b)a person who is entitled to be supplied with that drug [F6by D (Part 8 and this Schedule having that effect)] in pursuance of that order requests the provision of the drug in accordance with that order,

D must, with reasonable promptness, provide the drug so ordered.

[F7(1A) Where D considers—

(a)on the basis of a request for the supply of a drug in accordance with a PTP or a PTPGD that has been approved by [F4NHS England] as a basis for supply as part of pharmaceutical services;

(b)having made the appropriate checks; and

(c)having regard to what is reasonable and appropriate,

that a person is entitled to be supplied with the drug [F8by D (Part 8 and this Schedule having that effect)] in accordance with the PTP or PTPGD as part of pharmaceutical services, D must, with reasonable promptness, provide the drug requested.]

(2) If a person requesting the provision of the drug asks D to do so—

(a)D must give an estimate of the time when the drug will be ready; and

(b)if they are not ready by then, D must give a revised estimate of the time when they will be ready (until they are ready).

(3) Where D provides a drug under sub-paragraph (1) [F9or (1A)], D must include a dispensing label on the packaging of the product and include in the label (in addition to the particulars required or permitted by Part 1 of Schedule 26 to the Human Medicines Regulations 2012), for the patient’s benefit, information to the effect that the product is being supplied in accordance with a PTP [F10or a PTPGD], identifying the particular PTP [F11or PTPGD].

[F12(4) Sub-paragraph (1) does not apply where arrangements are in place for the provision of the drug ordered pursuant to the PTP or PTPGD as part of a directed service which includes arrangements for the provision of such a drug ordered in accordance with such a PTP or PTPGD.

(5) Sub-paragraph (1A) does not apply where arrangements are in place for the provision of the drug requested in accordance with the PTP or PTPGD as part of a directed service which includes arrangements for the provision of such a drug requested in accordance with such a PTP or PTPGD.]]

Textual Amendments

F1Sch. 6 para. 3B inserted (9.11.2020) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020 (S.I. 2020/1126), regs. 1(2), 21

F2Words in Sch. 6 para. 3B heading inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(c)(iii)

F3Words in Sch. 6 para. 3B(1) substituted (21.12.2021) by The National Health Service (Charges, Primary Medical Services and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Further Amendments) Regulations 2021 (S.I. 2021/1346), regs. 1(2)(a), 9(2)(a)

F4Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F5Words in Sch. 6 para. 3B(1)(a) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(a)

F6Words in Sch. 6 para. 3B(1)(b) inserted (21.12.2021) by The National Health Service (Charges, Primary Medical Services and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Further Amendments) Regulations 2021 (S.I. 2021/1346), regs. 1(2)(a), 9(2)(b)

F7Sch. 6 para. 3B(1A) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(b)

F8Words in Sch. 6 para. 3B(1A) inserted (21.12.2021) by The National Health Service (Charges, Primary Medical Services and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Further Amendments) Regulations 2021 (S.I. 2021/1346), regs. 1(2)(a), 9(2)(c)

F9Words in Sch. 6 para. 3B(3) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(c)(i)

F10Words in Sch. 6 para. 3B(3) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(c)(ii)

F11Words in Sch. 6 para. 3B(3) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 4(2)(c)(iii)