National Health Service Act 2006

Chapter 1 E+W Provision of pharmaceutical services

126 Arrangements for pharmaceutical services E+W

(1) Each Primary Care Trust must, in accordance with regulations, make the arrangements mentioned in subsection (3).

(2) The Secretary of State must make regulations for the purpose of subsection (1).

(3) The arrangements are arrangements as respects the area of the Primary Care Trust for the provision to persons who are in that area of—

(a) proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown,

(b) proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a dental practitioner in pursuance of—

(i) his functions in the health service, the Scottish health service or the Northern Ireland health service (other than functions exercised in pursuance of the provision of services mentioned in paragraph (c)), or

(ii) his functions in the armed forces of the Crown,

(c) listed drugs and medicines and listed appliances which are ordered for those persons by a dental practitioner in pursuance of the provision of primary dental services or equivalent services in the Scottish health service or the Northern Ireland health service,

(d) such drugs and medicines and such listed appliances as may be determined by the Secretary of State for the purposes of this paragraph and which are ordered for those persons by a prescribed description of person in accordance with such conditions, if any, as may be prescribed, in pursuance of functions in the health service, the Scottish health service, the Northern Ireland health service or the armed forces of the Crown, and

(e) such other services as may be prescribed.

(4) The descriptions of persons which may be prescribed for the purposes of subsection (3)(d) are the following, or any sub-category of such a description—

(a) persons who are registered in the register maintained under article 5 of [F1 the Health and Social Work Professions Order 2001],

(b) persons who are registered pharmacists,

(c) persons who are registered in the dental care professionals register established under section 36B of the Dentists Act 1984 (c. 24),

(d) persons who are optometrists,

(e) persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21),

(f) persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17),

(g) persons who are registered nurses or registered midwives,

(h) persons not mentioned above who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8),

(i) any other description of persons which appears to the Secretary of State to be a description of persons whose profession is regulated by or under a provision of, or made under, an Act of the Scottish Parliament or Northern Ireland legislation and which the Secretary of State considers it appropriate to specify.

[F2 (4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).]

(5) A determination under subsection (3)(d) may—

(a) make different provision for different cases,

(b) provide for the circumstances or cases in which a drug, medicine or appliance may be ordered,

(c) provide that persons falling within a description specified in the determination may exercise discretion in accordance with any provision made by the determination in ordering drugs, medicines and listed appliances.

(6) The arrangements which may be made by a Primary Care Trust under subsection (1) include arrangements for the provision of a service by means such that the person receiving it does so otherwise than at the premises from which it is provided.

(7) Where a person with whom a Primary Care Trust makes arrangements under subsection (1) wishes to provide services to persons outside the area of the Primary Care Trust he may, subject to any provision made by regulations in respect of arrangements under this section, provide such services under the arrangements.

(8) The services provided under this section are, together with additional pharmaceutical services provided in accordance with a direction under section 127, referred to in this Act as “pharmaceutical services”.

(9) In this section—

• “armed forces of the Crown” does not include forces of a Commonwealth country or forces raised in a colony,

• “listed” means included in a list approved by the Secretary of State for the purposes of this section,

• “the Scottish health service” means the health service within the meaning of the National Health Service (Scotland) Act 1978 (c. 29), and

• “the Northern Ireland health service” means the health service within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)).

Textual Amendments

F1 Words in s. 126(4)(a) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 213(7)(k), 306(4) (with s. 230(6)); S.I. 2012/1319, art. 2(4)

F2 S. 126(4A) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 220(7), 306(4); S.I. 2012/1319, art. 2(4)

Modifications etc. (not altering text)

C1 S. 126 modified (temp.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 3 para. 4 (with Sch. 3 Pt. 1)

C2 S. 126(9) modified (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 2 para. 9 (with Sch. 3 Pt. 1)

127 Arrangements for additional pharmaceutical services E+W

(1) The Secretary of State may—

(a) give directions to a Primary Care Trust requiring it to arrange for the provision to persons within or outside its area of additional pharmaceutical services, or

(b) by giving directions to a Primary Care Trust authorise it to arrange for such provision if it wishes to do so.

(2) Directions under this section may require or authorise a Primary Care Trust to arrange for the provision of a service by means such that the person receiving it does so otherwise than at the premises from which it is provided (whether those premises are inside or outside the area of the Primary Care Trust).

(3) The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he considers appropriate.

(4) In this section—

• “additional pharmaceutical services”, in relation to directions, means the services (of a kind that do not fall within section 126) which are specified in the directions, and

• “Drug Tariff” means the Drug Tariff published under regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992 (S.I. 1992/662) or under any corresponding provision replacing, or otherwise derived from, that regulation.

128 Terms and conditions, etc E+W

(1) Directions under section 127 may require the Primary Care Trust to which they apply, when making arrangements—

(a) to include, in the terms on which the arrangements are made, such terms as may be specified in the directions,

(b) to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.

(2) The arrangements must secure that any service to which they apply is provided only by a person—

(a) whose name is included in a pharmaceutical list, or

(b) who has entered into a pharmaceutical care services contract under section 17Q of the National Health Service (Scotland) Act 1978.

(3) Different arrangements may be made with respect to—

(a) the provision of the same service by the same person but in different circumstances, or

(b) the provision of the same service by different persons.

(4) A Primary Care Trust must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.

(5) After making any arrangements, a Primary Care Trust must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.

(6) “Pharmaceutical list” includes, subject to any provision of the directions in question, a list published in accordance with regulations made under—

(a) section 83(2)(a) of the National Health Service (Wales) Act 2006 (c. 42), or

(b) Article 63(2A)(a) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)).

[F3 128A Pharmaceutical needs assessments E+W

(1) Each Primary Care Trust must in accordance with regulations—

(a) assess needs for pharmaceutical services in its area, and

(b) publish a statement of its first assessment and of any revised assessment.

(2) The regulations must make provision—

(a) as to information which must be contained in a statement;

(b) as to the extent to which an assessment must take account of likely future needs;

(c) specifying the date by which a Primary Care Trust must publish the statement of its first assessment;

(d) as to the circumstances in which a Primary Care Trust must make a new assessment.

(3) The regulations may in particular make provision—

(a) as to the pharmaceutical services to which an assessment must relate;

(b) requiring a Primary Care Trust to consult specified persons about specified matters when making an assessment;

(c) as to the manner in which an assessment is to be made;

(d) as to matters to which a Primary Care Trust must have regard when making an assessment.]

Textual Amendments

F3 S. 128A inserted (18.3.2010 for specified purposes, 24.5.2010 in so far as not already in force) by Health Act 2009 (c. 21), ss. 25, 40(1); S.I. 2010/779, art. 2(1)(2)

129 Regulations as to pharmaceutical services E+W

(1) Regulations must provide for securing that arrangements made by [F4 a Primary Care Trust][F4 the Board] under section 126 will—

(a) enable persons for whom drugs, medicines or appliances mentioned in that section are ordered as there mentioned to receive them from persons with whom such arrangements have been made, and

(b) ensure the provision of services prescribed under subsection (3)(e) of that section by persons with whom such arrangements have been made.

(2) The regulations must include provision—

(a) for the preparation and publication by [F5 a Primary Care Trust][F5 the Board] of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in [F6 the area of the Primary Care Trust][F6 England],

(b) that an application to [F7 a Primary Care Trust][F7 the Board] for inclusion in a pharmaceutical list must be made in the prescribed manner and must state—

(i) the services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply, and

(ii) the premises from which he will undertake to provide those services,

(c) that, except in prescribed cases (which may, in particular, include cases of applications for the provision only of services falling within subsection (7))—

(i) an application for inclusion in a pharmaceutical list by a person not already included, and

(ii) an application by a person already included in a pharmaceutical list for inclusion also in respect of services or premises other than those already listed in relation to him,

[F8 must be granted if the Primary Care Trust is satisfied as mentioned in subsection (2A), and may otherwise be granted only if the Primary Care Trust is satisfied as mentioned in subsection (2B), ] and

(d) for the removal of an entry in respect of premises from a pharmaceutical list if it has been determined in the prescribed manner that the person to whom the entry relates—

(i) has never provided from those premises, or

(ii) has ceased to provide from them,

the services, or any of the services, which he is listed as undertaking to provide from them.

[F9 (2A) The Primary Care Trust is satisfied as mentioned in this subsection if, having regard to its needs statement and to any matters prescribed by the Secretary of State in the regulations, it is satisfied that it is necessary to grant the application in order to meet a need in its area for the services or some of the services specified in the application.

(2B) The Primary Care Trust is satisfied as mentioned in this subsection if, having regard to its needs statement and to any matters prescribed by the Secretary of State in the regulations, it is satisfied that to grant the application would secure improvements, or better access, to pharmaceutical services in its area.

(2C) In relation to cases where the Primary Care Trust is satisfied as mentioned in subsection (2B), the regulations may make provision as to—

(a) the manner in which the Primary Care Trust is to determine whether to grant the application,

(b) matters which the Primary Care Trust must or must not take into account for the purpose of determining whether to grant the application.]

[F10 (2ZA) The Board may not include the Secretary of State, or such other persons as the regulations may prescribe, in a list prepared for the purposes of provision under subsection (2)(a).]

[F11 (2ZB) Regulations under subsection (2)(a) may, in particular, require a list of persons to be prepared by reference to the area in which the premises from which the services are provided are situated (and regulations imposing that requirement must prescribe the description of area by reference to which the list is to be prepared).]

(3) The regulations may prescribe the extent to which the provision of LP services (within the meaning given by paragraph 1 of Schedule 12) must be taken into account in determining whether to grant an application for inclusion in a pharmaceutical list.

[F12 (3A) The regulations may prescribe circumstances in which two or more applications referred to in subsection (2)(c)(i) or (ii) may be considered together by the Primary Care Trust.]

(4) The regulations may [F13 make provision for the Primary Care Trust to take into account prescribed matters in] the case where—

F14 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) [F15 two or more applications referred to in subsection (2)(c)(i) or (ii)] are considered together by [F16 the Primary Care Trust][F16 the Board], and

(c) [F16 the Primary Care Trust][F16 the Board] would be satisfied as mentioned in [F17 subsection (2A) or (2B) ] in relation to each application taken on its own, but is not so satisfied in relation to all of them taken together.

[F18 (4A) Regulations under subsection (4) may in particular make the provision mentioned in subsection (5), with or without modifications.]

(5) The provision mentioned in this subsection is provision for [F19 the Primary Care Trust][F19 the Board], in determining which application (or applications) to grant, to take into account any proposals specified in the applications in relation to the sale or supply at the premises in question, otherwise than by way of pharmaceutical services or in accordance with a private prescription, of—

(a) drugs and medicines, and

(b) other products for, or advice in relation to, the prevention, diagnosis, monitoring or treatment of illness or handicap, or the promotion or protection of health.

(6) The regulations may include provision—

[F20 (za) for the circumstances and manner in which a Primary Care Trust may invite applications for inclusion in a pharmaceutical list,]

(a) that an application to [F21 a Primary Care Trust][F21 the Board] may be granted in respect of some only of the services specified in it,

(b) that an application to [F22 a Primary Care Trust][F22 the Board] relating to services of a prescribed description may be granted only if it appears to [F23 the Primary Care Trust][F23 the Board] that the applicant has satisfied such conditions with regard to the provision of those services as may be prescribed,

(c) that an application to [F24 a Primary Care Trust][F24 the Board] by a person who qualified to have his name registered [F25 as a pharmacist in the Register maintained under article 19 of the Pharmacy Order 2010 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland], may not be granted unless the applicant satisfies [F26 the Primary Care Trust][F26 the Board] that he has the knowledge of English which, in the interest of himself and persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services [F27 in the area of the Primary Care Trust],

(d) that the inclusion of a person in a pharmaceutical list F28 ... [F29 an application to a Primary Care Trust] may be for a fixed period,

(e) that, where the premises from which an application states that the applicant will undertake to provide services are in an area of a prescribed description, the applicant may not be included in the pharmaceutical list unless his inclusion is approved by reference to prescribed criteria by [F30 the Primary Care Trust][F30 the Board] in whose area those premises are situated,

(f) that [F31 that Primary Care Trust][F31 the Board] may give its approval subject to conditions,

(g) as to other grounds on which [F32 or circumstances in which] [F33 a Primary Care Trust][F33 the Board] [F34 —

(i)] may, or must, refuse to grant an application (including grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153)[F35 ,

(ii) may, or must, remove a person or an entry in respect of premises from a pharmaceutical list],

(h) as to information which must be supplied to [F36 a Primary Care Trust][F36 the Board] by a person included, or seeking inclusion, in a pharmaceutical list (or by arrangement with him),

(i) for the supply to [F37 a Primary Care Trust][F37 the Board] by an individual—

(i) who is included, or seeking inclusion, in a pharmaceutical list, or

(ii) who is a member of the body of persons controlling a body corporate included, or seeking inclusion, in a pharmaceutical 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,

(j) for grounds on which [F38 a Primary Care Trust][F38 the Board] may defer a decision whether or not to grant an application,

(k) for the disclosure by [F39 a Primary Care Trust][F39 the Board], to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about applicants for inclusion in a pharmaceutical list, and refusals by [F40 the Primary Care Trust][F40 the Board] to grant such applications,

(l) as to criteria to be applied in making decisions under the regulations (other than decisions required by virtue of paragraph (e)),

(m) as to the making of declarations about—

(i) financial interests,

(ii) gifts above a prescribed value, and

(iii) other benefits received.

(7) A service falls within this subsection if the means of providing it is such that the person receiving it does so otherwise than at the premises from which it is provided.

(8) The regulations may, in respect of services falling within subsection (7), include provision—

(a) requiring persons to be approved for the purposes of providing such services, or

(b) requiring [F41 the Primary Care Trust][F41 the Board] to make the grant of an application subject to prescribed conditions.

(9) The approval mentioned in subsection (8)(a) is approval by the Secretary of State or such other person as may be specified in the regulations, in accordance with criteria to be specified in or determined under the regulations (whether by the Secretary of State or by another person so specified).

(10) Before making regulations by virtue of subsection (6)(m), the Secretary of State must consult such organisations as he considers appropriate appearing to him to represent persons providing pharmaceutical services.

[F42 (10A) Primary Care Trusts must give reasons for decisions made by virtue of this section.

(10B) In this section a “needs statement” means the statement required by section 128A(1)(b) as most recently published by the relevant Primary Care Trust.]

(11) In this Act a “pharmaceutical list” means a list published in accordance with regulations made under subsection (2)(a).

Textual Amendments

F4 Words in s. 129(1) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(2)

F5 Words in s. 129(2)(a) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(3)(a)(i)

F6 Words in s. 129(2)(a) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(3)(a)(ii)

F7 Words in s. 129(2)(b) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(3)(b)

F8 Words in s. 129(2)(c) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(2), 40(1); S.I. 2012/1902, art. 2(a)

F9 S. 129(2A)-(2C) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(3), 40(1); S.I. 2012/1902, art. 2(a)

F10 S. 129(2ZA) inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 207(3), 306(1)(d)(4)

F11 S. 129(2ZB) inserted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(4)

F12 S. 129(3A) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(4), 40(1); S.I. 2012/1902, art. 2(a)

F13 Words in s. 129(4) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(5)(a), 40(1); S.I. 2012/1902, art. 2(a)

F14 S. 129(4)(a) repealed (1.9.2012) by Health Act 2009 (c. 21), ss. 26(5)(b), 40(1), Sch. 6; S.I. 2012/1902, art. 2(a)

F15 Words in s. 129(4)(b) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(5)(c), 40(1); S.I. 2012/1902, art. 2(a)

F16 Words in s. 129(4) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(6)

F17 Words in s. 129(4)(c) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(5)(d), 40(1); S.I. 2012/1902, art. 2(a)

F18 S. 129(4A) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(6), 40(1); S.I. 2012/1902, art. 2(a)

F19 Words in s. 129(5) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(6)

F20 S. 129(6)(za) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(7), 40(1); S.I. 2012/1902, art. 2(a)

F21 Words in s. 129(6)(a) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(a)

F22 Words in s. 129(6)(b) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(a)

F23 Words in s. 129(6)(b) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(b)

F24 Words in s. 129(6)(c) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(a)

F25 Words in s. 129(6)(c) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 13(2); S.I. 2010/1621, art. 2(1), Sch.

F26 Words in s. 129(6)(c) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(8)(a)

F27 Words in s. 129(6)(c) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(8)(b)

F28 Words in s. 129(6)(d) repealed (1.9.2012) by virtue of Health Act 2009 (c. 21), s. 40(1), Sch. 6; S.I. 2012/1902, art. 2(f)

F29 Words in s. 129(6)(d) substituted (1.9.2012) by Health Act 2009 (c. 21), ss. 27, 40(1); S.I. 2012/1902, art. 2(b)

F30 Words in s. 129(6)(e) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(b)

F31 Words in s. 129(6)(f) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(c)

F32 Words in s. 129(6)(g) inserted (27.3.2012 for specified purposes, 1.7.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 207(8)(a), 306(1)(d)(4); S.I. 2012/1319, art. 2(3)

F33 Words in s. 129(6)(g) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(a)

F34 Words in s. 129(6)(g) inserted (27.3.2012 for specified purposes, 1.7.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 207(8)(b), 306(1)(d)(4); S.I. 2012/1319, art. 2(3)

F35 S. 129(6)(g)(ii) inserted (27.3.2012 for specified purposes, 1.7.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 207(8)(c), 306(1)(d)(4); S.I. 2012/1319, art. 2(3)

F36 Words in s. 129(6)(h) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(a)

F37 Words in s. 129(6)(i) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(a)

F38 Words in s. 129(6)(j) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(a)

F39 Words in s. 129(6)(k) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(a)

F40 Words in s. 129(6)(k) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(7)(b)

F41 Words in s. 129(8) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 66(6)

F42 S. 129(10A)(10B) inserted (1.9.2012) by Health Act 2009 (c. 21), ss. 26(8), 40(1); S.I. 2012/1902, art. 2(a)

Modifications etc. (not altering text)

C3 S. 129(2A)(2B) excluded (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), regs. 1, 23

C4 S. 129(2A)(2B) excluded (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), regs. 1, 24(1)(2)

C5 S. 129(2A)(2B) excluded (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), regs. 1, 25(1)

C6 S. 129(2A)(2B) excluded (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), regs. 1, 26(1)(2)

C7 S. 129(2A)(2B) excluded (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), regs. 1, 27(1)

C8 S. 129(2A)(2B) excluded (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), regs. 1, 28(1)

C9 S. 129(2A)(2B) excluded (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), regs. 1, 29(1)

C10 S. 129 modified (temp.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 3 para. 6 (with Sch. 3 Pt. 1)

130 Regulations under section 129: appeals, etc E+W

(1) Regulations under section 129 must include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of that section.

(2) If regulations made by virtue of section 129(6)(g) provide that a Primary Care Trust may refuse to grant an application [F43 on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153], they must also provide for an appeal [F44 (by way of redetermination)] to the [F45 First-tier Tribunal] against the decision of the Primary Care Trust.

(3) Regulations under section 129 must be so framed as to preclude—

(a) a person included in a pharmaceutical list, and

(b) an employee of such a person,

from taking part in the decision whether an application such as is mentioned in section 129(2)(c) should be granted or an appeal against such a decision brought by virtue of subsection (1) of this section should be allowed.

Textual Amendments

F43 Words in s. 130(2) inserted (27.3.2012 for specified purposes, 1.7.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 207(10)(a), 306(1)(d)(4); S.I. 2012/1319, art. 2(3)

F44 Words in s. 130(2) omitted (27.3.2012 for specified purposes, 1.7.2012 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), ss. 207(10)(b), 306(1)(d)(4); S.I. 2012/1319, art. 2(3)

F45 Words in s. 130(2) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 111 (with Sch. 5)

131 Power to charge E+W

(1) The Secretary of State may give directions to a Primary Care Trust requiring it to charge a fee in cases or descriptions of case specified in the directions to persons who make an application referred to in section 129(2)(c)(i) or (ii).

(2) The Secretary of State may in the directions—

(a) specify the fee himself, or

(b) require the Primary Care Trust to determine the amount of the fee in accordance with any requirements set out in the directions.

(3) Before determining the amount of the fee-

(a) in a subsection (2)(a) case, the Secretary of State must consult such organisations as he considers appropriate that appear to him to represent persons providing pharmaceutical services and such organisations as he considers appropriate that appear to him to represent Primary Care Trusts,

(b) in a subsection (2)(b) case, the Primary Care Trust must undertake any consultation required by the directions.

(4) The Secretary of State must publish in such manner as he considers appropriate any directions he gives under this section.

(5) In a subsection (2)(b) case, the Primary Care Trust must publish in such manner as it considers appropriate the fee which it determines.

132 Persons authorised to provide pharmaceutical services E+W

(1) Except as may be provided for by or under regulations, no arrangements may be made by a Primary Care Trust 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 primary medical services or primary dental services.

(2) Except as may be provided for by or under regulations, no arrangements for the dispensing of medicines may be made under this Chapter with persons other than persons who—

(a) are registered pharmacists or persons lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968 (c. 67), and

(b) undertake that all medicines supplied by them under the arrangements will be dispensed either by or under the supervision of a registered pharmacist.

(3) Regulations must provide for the preparation and publication by each Primary Care Trust of one or more lists of medical practitioners who undertake to provide drugs, medicines or listed appliances (within the meaning given by section 126) under arrangements with the Primary Care Trust.

(4) The regulations may, in particular, include provision—

(a) as to grounds on which a Primary Care Trust may, or must, refuse to grant an application for inclusion in a list of medical practitioners referred to in subsection (3) (including grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153(2)),

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

(c) for the supply to a Primary Care Trust 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 Primary Care Trust may defer a decision whether or not to grant an application for inclusion in such a list,

(e) for the disclosure by a Primary Care Trust 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 Primary Care Trust to grant such applications,

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

(5) If regulations made by virtue of subsection (4)(a) provide that a Primary Care Trust 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 [F46 First-tier Tribunal] against the decision of the Primary Care Trust.

(6) The regulations must include provision for the removal of an entry from a list in prescribed circumstances.

(7) No arrangements for the provision of—

(a) pharmaceutical services falling within section 126(3)(e), or

(b) additional pharmaceutical services provided in accordance with a direction under section 127,

may be made with persons other than those who are registered pharmacists or are of a prescribed description.

(8) Where—

(a) arrangements for the provision of pharmaceutical services have been made with a registered pharmacist, and

[F47 (b) his registration is suspended by virtue of any direction or order under the Pharmacy Order 2010,]

he may not provide pharmaceutical services in person during the period of suspension.

F48 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 Words in s. 132(5) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 112 (with Sch. 5)

F47 S. 132(8)(b) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 13(3); S.I. 2010/1621, art. 2(1), Sch.

F48 S. 132(9) omitted (30.3.2007) by virtue of Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), art. 1(2)(3), Sch. 1 para. 10(3)(b)

Modifications etc. (not altering text)

C11 S. 132 modified (temp.) (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 3 para. 7 (with Sch. 3 Pt. 1)

133 Inadequate provision of pharmaceutical services E+W

(1) Subsection (2) applies if the Secretary of State is satisfied, after such inquiry as he considers appropriate, that—

(a) as respects the area, or part of the area, of a Primary Care Trust, the persons whose names are included in any pharmaceutical list are not such as to secure the adequate provision of pharmaceutical services in that area or part, or

(b) for any other reason any considerable number of persons in any such area or part are not receiving satisfactory services under the arrangements in force under this Chapter.

(2) Where this subsection applies, the Secretary of State—

(a) may authorise the Primary Care Trust to make such other arrangements as he may approve, or may himself make such other arrangements, and

(b) may dispense with any of the requirements of regulations made under this Part (other than Chapters 2 to 4) so far as appears to him necessary to meet exceptional circumstances and enable such arrangements to be made.