Print Options
PrintThe Whole
Act
PrintThe Whole
Part
PrintThis
Cross Heading
only
Status:
This version of this cross heading contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Health Act 2009, Cross Heading: Pharmaceutical services in Wales is up to date with all changes known to be in force on or before 30 November 2024. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 3 Crossheading Pharmaceutical-services-in-wales:
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Pharmaceutical services in WalesE+W
Prospective
30Pharmaceutical lists: minor amendmentE+W
In section 83(6) of the National Health Service (Wales) Act 2006 (c. 42) (regulations as to pharmaceutical services), in paragraph (d), for “such an application” substitute “ an application to a Local Health Board ”.
31Breach of terms of arrangements: notices and penaltiesE+W
(1)In Part 8 of the National Health Service (Wales) Act 2006, before Chapter 2 (disqualification) insert—
“Chapter 1AE+WNotices and penalties
106ANotices and penalties
(1)The Welsh Ministers may by regulations provide that where a practitioner who provides pharmaceutical services or general ophthalmic services under arrangements with a Local Health Board breaches a term of those arrangements, the Local Health Board may—
(a)by a notice require the practitioner to do, or not do, specified things or things of a specified description within a specified period, or
(b)in prescribed circumstances or for a prescribed period, withhold all or part of a payment due to the practitioner under the arrangements.
(2)Regulations under this section must include provision conferring on such persons as may be prescribed rights of appeal from decisions of Local Health Boards made by virtue of this section.
(3)In this section—
“practitioner” means a person included in an ophthalmic list or a pharmaceutical list, and
“specified” means specified in a notice under paragraph (a) of subsection (1).”
(2)In section 107(9) of that Act, after “included in” insert “ an ophthalmic list or ”.
Prospective
32LPS schemes: powers of Local Health BoardsE+W
(1)Schedule 7 to the National Health Service (Wales) Act 2006 (c. 42) (LPS schemes) is amended as follows.
(2)In paragraph 1, in sub-paragraph (2)—
(a)in paragraph (a), after “Local Health Board” insert “ (the “commissioning body” )
(b)in paragraph (b), for “Local Health Board),” substitute “ commissioning body). ”;
(c)omit paragraph (c) and the word “and” immediately before it.
(3)After sub-paragraph (2) insert—
“(2A)A Local Health Board may provide local pharmaceutical services under an LPS scheme (where it is not the commissioning body), but only in prescribed circumstances.”
(4)In sub-paragraph (6), for “and an NHS foundation trust” substitute “ , an NHS foundation trust and a Local Health Board ”.
(5)In paragraph 3(2), for “Local Health Boards” substitute “ the commissioning body ”.
Back to top