National Health Service (Scotland) Act 1978, Section 28 is up to date with all changes known to be in force on or before 03 March 2025. 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.
(1)Except as may be provided by [F1or under] regulations, no arrangements shall be made by a Health Board 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 [F2primary medical services under Part 1] or general dental services.
(2)Except as may be provided by [F3or under] regulations, no arrangements for the dispensing of medicines [F4or the provision of pharmaceutical services] shall be made 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 M1Medicines Act 1968, and who undertake
[F5(a)] that all medicines [F6provided] by them under the arrangements made under this Part shall be dispensed [F7, and
(b) that
[F8(i)] all services mentioned in section 27(1)(d) provided by them under those arrangements
[F9(ii)all additional pharmaceutical services provided in accordance with a direction under section 27A,]
shall be provided] either by, or under the direct supervision of, a registered pharmacist.
[F10(2A)Regulations shall provide for the preparation and publication by a Health Board of one or more lists of medical practitioners who undertake to supply drugs and appliances in the Board’s area.
(2B)The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.]
[F11(2C)Where—
(a)arrangements have been made under this Part with a registered pharmacist; and
(b)the registration of that pharmacist is suspended by virtue of any direction or order under the Pharmacy Order 2010,]
Textual Amendments
F1Words inserted by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3(4)
F2Words in s. 28(1) substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(8); S.S.I. 2004/58, art. 2(3)
F3Words inserted by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3(4)
F4Words inserted by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(a)
F5 “(a)" inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(b)
F6Word substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(c)
F7Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(d)
F8S. 28(2)(b) “(i)" inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 45; S.I. 1997/1780, art 2(1), Sch.
F928(2)(b)(ii) inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 45; S.I. 1997/1780, art. 2(1), Sch.
F10S. 28(2A)(2B) inserted (1.4.1998) by National Health Service (Primary Care) Act 1997 (c. 46), ss. 29(2), 41(3); S.I. 1998/631, art. 2(a), Sch. 1 (with arts. 3-5)
F11S. 28(2C) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), arts. 1(5), 68, Sch. 4 para. 4(3); S.I. 2010/1621, art. 2(1), Sch.
Marginal Citations
M11968 c. 67.(84).
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
