National Health Service Act 1977

Provision of local pharmaceutical services E+W+S

[F1 1 (1) [F2 Primary Care Trusts and] Health Authorities may establish LPS schemes.

(2) In this Schedule “LPS scheme” means one or more agreements—

(a) made by [F3 a Primary Care Trust or] a Health Authority (“A”) in accordance with the provisions of, or made under, this Schedule;

(b) under which local pharmaceutical services are to be provided (otherwise than by A); and

(c) the parties to which do not include any other [F4 Primary Care Trust or] Health Authority.

(3) For the purposes of this Schedule—

• “local pharmaceutical services” means such services of a kind which may be provided under section 41 of this Act, or by virtue of section 41A of this Act (other than practitioner dispensing services) as may be prescribed; and

• “practitioner dispensing services” means the provision of drugs, medicines or listed appliances (within the meaning of section 41) by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1).

(4) An LPS scheme may include arrangements—

(a) for the provision of services which are not local pharmaceutical services, but which may be provided under this Part of this Act (whether or not of the kind usually provided by pharmacies);

(b) for the provision of training and education (including training and education for persons who are, or may become, involved in the provision of local pharmaceutical services).

(5) An LPS scheme may not combine arrangements for the provision of local pharmaceutical services with arrangements for the provision of personal medical services or personal dental services under any provision of, or made under, this Act or the National Health Service (Primary Care) Act 1997 (c. 46).

(6) In this Schedule “LP services” means services provided under an LPS scheme (including any services to which the scheme applies as a result of sub-paragraph (4)).

(7) In determining the arrangements they need to make in order to comply with section 41 of this Act, a [F5 Primary Care Trust or] Health Authority may take into account arrangements under an LPS scheme made by them.

(8) The functions of an NHS trust F6 . . . include power to provide any services to which an LPS scheme applies.

(9) The functions of a Health Authority in relation to LP services are primary functions of the Authority for the purposes of the National Health Service and Community Care Act 1990 (c. 19).]

Textual Amendments

F1 Sch. 8A inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 40, 70(2), Sch. 3 (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2, Sch. Pt. 1

F2 Words in Sch. 8A para. 1(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 2 para. 81(2)(a); S.I. 2002/2478, art 3(1)(d)

F3 Words in Sch. 8A para. 1(2)(a) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt 2 para. 81(2)(b)(i); S.I. 2002/2478, art 3(1)(d)

F4 Words in Sch. 8A para. 1(2)(c) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt 2 para. 81(2)(b)(ii); S.I. 2002/2478, art 3(1)(d)

F5 Words in Sch. 8A para. 1(7) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt 2 para. 81(2)(c); S.I. 2002/2478, art 3(1)(d)

F6 Words in Sch. 8A para. 1(8) repealed (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt 2 para. 81(2)(d), Sch. 9 Pt. 1; S.I. 2002/2478, art 3(1)(d)