National Health Service Act 1977

43 Persons authorised to provide pharmaceutical services. E+W+S

(1) No arrangements shall be made by [F1 a [F2 Primary Care Trust or] Health Authority] (except as may be provided by [F3 or under] regulations) with a medical practitioner or dental practitioner under which he is required or agrees to provide pharmaceutical services to any person to whom he is rendering general medical services or general dental services.

(2) No arrangements for the dispensing of medicines shall be made (except as may be provided by [F3 or under] regulations) with persons other than persons who are registered pharmacists, or are persons lawfully conducting a retail pharmacy business in accordance with section 69 of the M1 Medicines Act 1968 and who undertake that all medicines supplied by them under the arrangements made under this Part of this Act shall be dispensed either by or under the direct supervision of a registered pharmacist.

[F4 [F5 (2A) Regulations shall provide for the preparation and publication by each Primary Care Trust and by each Health Authority of one or more lists of medical practitioners whoundertake to provide drugs, medicines or listed appliances under arrangements with the Primary Care Trust or with the Health Authority.]

(2B) In subsection (2A) “listed” has the same meaning as in section 41.

[F6 (2BA) The regulations may, in particular, include provision—

(a) as to grounds on which a Health Authority may, or must, refuse to grant an application for inclusion in a list of medical practitioners referred to in subsection (2A) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H(2) below);

(b) as to information which must be supplied to a Health Authority by a medical practitioner included, or seeking inclusion, in such a list (or by arrangement with him);

(c) for the supply to a Health Authority by a medical practitioner who is included, or seeking inclusion, in such a list of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act;

(d) for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in such a list;

(e) for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in such a list, and refusals by the Health Authority to grant such applications;

(f) as to criteria to be applied in making decisions under the regulations

(2BB) If regulations made by virtue of subsection (2BA)(a) provide that a Health Authority may refuse to grant an application for inclusion in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.]

(2C) The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.]

[F7 (3) No arrangements for the provision of pharmaceutical services falling within [F8 section 41(1)(e)][F9 , or additional pharmaceutical services provided in accordance with a direction under section 41A,] above shall be made with persons other than those who are registered pharmacists or are of a prescribed description.]

Textual Amendments

F1 Words in s. 43(1) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 31 (with Sch. 2 paras. 6, 16)

F2 Words in s. 43(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. 1 para. 17(2); S.I. 2002/2478, art. 3(1)(d)

F3 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), s. 21(2)

F4 S. 43(2A)-(2C) inserted (1.4.1998) by 1997 c. 46, s. 29(1); S.I. 1998/631, art. 2(a), Sch.

F5 S. 43(2A) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 17(3); S.I. 2002/2478, art. 3(1)(d)

F6 S. 43(2BA)(2BB) inserted (1.7.2002 for W., otherwise prosp.) by 2001 c. 15, ss. 20(7), 70(2) (with ss. 64(9), 65(4); S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F7 S. 43(3) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 18(2)

F8 Words in s. 43(3) substituted (8.3.2002 for E. for specified purposes and otherwise 1.4.2002 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 42(2), 70(2) (with ss. 64(9), 65(4)); S.I. 2002/1095, art. 2(5){(6)}; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F9 Words in s. 43(3) inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 14; S.I. 1997/1780, art. 2, Sch.

Marginal Citations

M1 1968 c. 67(84).