5.—(1) The terms on which a person is included in a pharmaceutical list (and therefore the person’s terms of service) are those that are included—
(a)in the terms of service—
(i)for NHS pharmacists who provide pharmaceutical services in particular by the provision of drugs, set out in Schedule 4; or
(ii)for NHS appliance contractors who provide pharmaceutical services only by way of the provision of appliances, set out in Schedule 5,
as may be varied by conditions imposed by a Local Health Board by virtue of regulation 33 (conditional inclusion relating to fitness grounds);
(b)in the Drug Tariff, in so far as the rights and liabilities in the Drug Tariff relate to NHS pharmacists or NHS appliance contractors and are applicable in the case of the NHS pharmacist or NHS appliance contractor; and
(c)in an arrangement made by a Local Health Board with the NHS pharmacist or NHS appliance contractor for the provision of any directed services.
(2) The terms on which a person is included in a dispensing doctor list (and therefore the person’s terms of service) are those that are—
(a)included in the terms of service for doctors providing pharmaceutical services set out in Schedule 6;
(b)in accordance with any conditions imposed regarding the postponement or termination of the provision of pharmaceutical services to eligible patients made under paragraph 6 of Schedule 2, paragraph 13 of Schedule 2 or regulation 11(6); and
(c)in accordance with any conditions imposed in relation to the dispensing doctor’s ability to provide pharmaceutical services by virtue of regulation 9(7) of the 1992 Regulations(1)
Prior to its repeal, regulation 9(7) was inserted into the 1992 Regulations by S.I. 2009/1491 (W.144).