The National Health Service (Pharmaceutical Services) Regulations 2005

Regulation 75(1)

SCHEDULE 5 MINOR AND CONSEQUENTIAL AMENDMENTS

The National Health Service (General Medical Services Contracts) (Personal Medical Services Agreements) and (Pharmaceutical Services) (Amendment) Regulations 2005

1.  In the National Health Service (General Medical Services Contracts) (Personal Medical Services Agreements) and (Pharmaceutical Services) (Amendment) Regulations 2005(1), omit regulation 4 (amendment of the Pharmaceutical Services Regulations).

The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004

2.  In the Schedule to the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004(2) (consequential amendments to primary and secondary legislation), omit paragraph 45 (National Health Service (Pharmaceutical Services) Regulations 1992).

The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004

3.  In Schedule 1 to the Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004(3) (amendments supplementary and consequential on Part 1 of the Health and Social Care (Community Health and Standards) Act 2003), omit paragraph 11 (National Health Service (Pharmaceutical Services) Regulations 1992).

The Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004

4.  In article 1 of the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004(4) (citation, commencement and interpretation) in the definition of “Drug Tariff”, for sub-paragraph (a), substitute—

“(a) in England, the Drug Tariff published under regulation 56 (standards of, and payments for, drugs and appliances) of the National Health Service (Pharmaceutical Services) Regulations 2005;

(aa) in Wales, the Drug Tariff published under regulation 18 (standards of, and payments for, drugs and appliances) of the National Health Service (Pharmaceutical Services) Regulations 1992”.

The National Health Service (General Medical Services etc) (Patients' Forums) Amendment Regulations 2003

5.  In the National Health Service (General Medical Services etc) (Patients' Forums) Amendment Regulations 2003(5), omit regulation 5 (amendment of the Pharmaceutical Regulations).

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

6.  In the National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003(6), omit Part 1 (amendment of the National Health Service (Pharmaceutical Services) Regulations 1992).

The National Health Service (Amendments Relating to Prescribing by Nurses and Pharmacists etc) (England) Regulations 2003

7.  In the National Health Service (Amendments Relating to Prescribing by Nurses and Pharmacists etc) (England) Regulations 2003(7), omit regulation 2 (amendment of the National Health Service (Pharmaceutical Services) Regulations 1992).

The National Health Service (Local Pharmaceutical Services Etc) Regulations 2002

8.  In the National Health Service (Local Pharmaceutical Services Etc) Regulations 2002(8), omit—

(a) Part 1 (amendment of the National Health Service (Pharmaceutical Services) Regulations 1992); and

(b) the Schedule (provisions of the National Health Service (Pharmaceutical Services) Regulations 1992 specified for the purposes of regulation 15).

The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002

9.—(1) The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc Provisions) Regulations 2002(9) shall be amended in accordance with this paragraph.

(2) In Schedule 1 (amendments consequential on Part 1 of the National Health Service Reform and Health Care Professions Act 2002), omit paragraph 57 (National Health Service (Pharmaceutical Services) Regulations 1992).

(3) In each of the tables in—

(a) Schedule 5 (enactments where after “Health Authority”, “Health Authorities” or “Health Authority's” there is inserted “or Primary Care Trust”, “or Primary Care Trusts” or “or Primary Care Trust's”);

(b) Schedule 7 (enactments where for “Health Authority”, “District Health Authority”, “Health Authorities” or “Health Authority's” there is substituted “Primary Care Trust”, “Primary Care Trusts” or “Primary Care Trust's”); and

(c) Schedule 10 (enactments where for “Family Health Services Authority”, “FHSA”, “Family Practitioner Committee” or “FHSA's” there is substituted “Health Authority or Primary Care Trust” or “Health Authority’s or Primary Care Trust's”),

omit the entry in column 1 relating to the National Health Service (Pharmaceutical Services) Regulations 1992, together with the corresponding entry in column 2 of each of those tables.

The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002

10.—(1) The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002(10) shall be amended in accordance with this paragraph.

(2) In regulation 1(3) (citation, commencement, extent and interpretation), in the definition of “the principal Regulations” for the words “National Health Service (Pharmaceutical Services) Regulations 1992”, substitute “National Health Service (Pharmaceutical Services) Regulations 2005”.

(3) In regulation 4(1) (right of return to pharmaceutical lists)(11), for the words “regulation 8A” substitute “regulation 10”.

(4) Omit regulation 5 (amendment of the principal Regulations).

The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002

11.—(1) The National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002(12) shall be amended in accordance with this paragraph.

(2) In regulation 1(3) (citation, commencement, extent and interpretation), in the definition of “the principal Regulations”, for the words “National Health Service (Pharmaceutical Services) Regulations 1992” substitute “National Health Service (Pharmaceutical Services) Regulations 2005”.

(3) In regulation 3(7)(d) (designation of priority neighbourhoods or premises), for the words “regulation 21B” substitute “regulation 68”.

(4) Omit regulation 10 (amendment of the principal Regulations).

The National Health Service (Pharmaceutical Services) and (Misuse of Drugs) (Electronic Communications) Order 2001

12.  In the National Health Service (Pharmaceutical Services) and (Misuse of Drugs) (Electronic Communications) Order 2001(13), omit regulations 2 to 5 (amendment of the National Health Service (Pharmaceutical Services) Regulations 1992).

The National Health Service (Charges for Drugs and Appliances) Regulations 2000

13.  In regulation 2 of the National Health Service (Charges for Drugs and Appliances) Regulations 2000(14) (interpretation), in the definition of “Drug Tariff”, for the words “regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992” substitute “regulation 56 of the National Health Service (Pharmaceutical Services) Regulations 2005”.

The National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000

14.  In regulation 2(2)(d) of the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000(15) (prescribed functions of relevant NHS bodies), for the words “regulation 18(1) of the National Health Service (Pharmaceutical Services) Regulations 1992” substitute “regulation 56(1) of the National Health Service (Pharmaceutical Services) Regulations 2005”.

The National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998

15.  In the National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998(16), omit regulation 7 (amendment of the National Health Service (Pharmaceutical Services) Regulations 1992).

The National Health Service (Indicative Amounts) Regulations 1997

16.  In regulation 1(2) of the National Health Service (Indicative Amounts) Regulations 1997(17) in the definition of “the Drug Tariff”, for the words “regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992” substitute “regulation 56 of the National Health Service (Pharmaceutical Services) Regulations 2005”.

The National Health Service (Service Committees and Tribunal) Regulations 1992

17.  In regulation 2 of the National Health Service (Service Committees and Tribunal) Regulations 1992(18) (interpretation)—

(a) in paragraph (1), in the definition of “Pharmaceutical Regulations”, for the words “National Health Service (Pharmaceutical Services) Regulations 1992” substitute “National Health Service (Pharmaceutical Services) Regulations 2005”; and

(b) in paragraph (4)(c)(19), for the words “paragraphs 10A and 10B of Schedule 2 to the National Health Service (Pharmaceutical Services) Regulations 1992” substitute “paragraph 32 of Schedule 1 to, or paragraph 19 of Schedule 3 to, the Pharmaceutical Regulations.”

The National Health Service (General Dental Services) Regulations 1992

18.  In regulation 2(1) of the National Health Service (General Dental Services) Regulations 1992(20) (interpretation) in the definition of “Drug Tariff”, for the words “regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992” substitute “regulation 56 of the National Health Service (Pharmaceutical Services) Regulations 2005”.

(1)

S.I. 2005/28.

(2)

S.I. 2004/1771.

(3)

S.I. 2004/696.

(4)

S.I. 2004/1765.

(5)

S.I. 2003/2863.

(6)

S.I. 2003/1084.

(7)

S.I. 2003/699.

(8)

S.I. 2002/2861.

(9)

S.I. 2002/2469.

(10)

S.I. 2002/2016.

(11)

Regulation 4(1) was previously amended by S.I. 2002/2469.

(12)

S.I. 2002/888.

(13)

S.I. 2001/2888.

(14)

S.I. 2000/620. The definition of “Drug Tariff” was inserted into regulation 2 by S.I. 2003/699.

(15)

S.I. 2000/618.

(16)

S.I. 1998/2224.

(17)

S.I. 1997/980.

(18)

S.I. 1992/664.

(19)

Paragraph (4)(c) was inserted by S.I. 1996/703 and was, in relation to England, amended by S.I. 2004/865.

(20)

S.I. 1992/661.