The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1987

Regulation 9

SCHEDULE 1

PART I PART III OF SCHEDULE 3 TO THE PRINCIPAL REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS

“PART III FOR USE BY CHEMISTSAPPLICATION FOR INCLUSION IN THE PHARMACEUTICAL LIST**

FORM A

FOR USE BY CHEMISTSNOTIFICATION OF COMMENCEMENT DATE*

FORM B

FOR NOTIFICATION TO CHEMISTSNOTIFICATION OF DATE OF ENTRY ON PHARMACEUTICAL LIST

FORM C

”

PART II PART IV OF SCHEDULE 3 TO THE PRINCIPAL REGULATIONS AS SUBSTITUTED BY THESE REGULATIONS

“PART IV FOR USE BY PERSONS OTHER THAN CHEMISTSAPPLICATION FOR INCLUSION IN THE PHARMACEUTICAL LIST**

FORM A

FOR USE BY PERSONS OTHER THAN CHEMISTSNOTIFICATION OF COMMENCEMENT DATE*

FORM B

FOR NOTIFICATION TO PERSONS OTHER THAN CHEMISTSNOTIFICATION OF DATE OF ENTRY ON PHARMACEUTICAL LIST

FORM C

”

Regulation 10

SCHEDULE 2 SCHEDULE 3A TO THE PRINCIPAL REGULATIONS AS INSERTED BY THESE REGULATIONS

Regulation 28(4)

“SCHEDULE 3A PROVISIONS FURTHER TO REGULATION 28

PART I PROCEDURE ON APPLICATIONS

Notification of applications

1.— (1) On receipt of a properly completed application to which regulation 28(4) applies, the Board shall, within 5 working days, give written notice of the application to—

(a) the area pharmaceutical committee;

(b) the area medical committee;

(c) any person whose name is included in the pharmaceutical list and whose interests may, in the opinion of the Board, be significantly affected if the application were granted;

(d) any Board whose boundary is within one mile of the proposed premises;

(e) every local health council serving the area of the Board, and any person so notified may, within 30 days from the date on which the notification was sent to him, make written representations to the Board.

(2) Any Board which is notified under sub-paragraph (1)(d) above shall, within 5 working days, give written notice of the application to—

(a) its area pharmaceutical committee;

(b) its area medical committee;

(c) any person whose name is included in its pharmaceutical list and whose interests may, in the opinion of the said Board, be significantly affected if the application were granted;

(d) every local health council serving its area, and any person so notified may, within 30 days from the date on which the notification was sent to the said Board, make written representations to the Board to whom the application was made.

(3) Any notice given under sub-paragraph (1) or (2) above shall include a statement of the right to make representations in accordance with that sub-paragraph.

Determination of applications

2.— (1) In considering an application to which regulation 28(4) applies, the Board shall have regard to—

(a) the pharmaceutical services already provided in the neighbourhood of the premises named in the application by persons whose names are included in a pharmaceutical list;

(b) any representations received by the Board under paragraph 1 of this Schedule; and

(c) any information available to the Board which, in its opinion, is relevant to the consideration of the application.

(2) The Board may, in accordance with Parts II and III of this Schedule, determine an application in such manner as it thinks fit and may, if it considers that oral representations are unnecessary, determine the application without hearing any oral representations.

(3) In any case in which the Board decides to hear oral representations, it shall give the applicant and any person from whom it received representations under paragraph 1 reasonable notice of the meeting at which such representations are to be heard.

(4) The applicant and any person mentioned in paragraph (3) shall be permitted to be assisted in making representations at any such meeting by some other person, but that other person shall not appear in the capacity of counsel, solicitor or paid advocate, nor shall he be entitled to speak on behalf of the applicant or any person mentioned in paragraph (3).

(5) The procedure by which representations are heard shall be such as the Board may determine.

Notification of decisions

3.   The Board shall, within 5 working days of having been notified in accordance with paragraph 11, intimate to the applicant and the persons mentioned in paragraph 1 the decision on the application, the reasons for it, and of any right of appeal applicable under paragraph 4.

Appeals

4.— (1) The applicant or any person mentioned in paragraph 1 may appeal against the decision of the Board on the application, and notice of any such appeal shall be received by the Board within 21 days from the date on which notification of the Board’s decision was sent to him.

(2) Any notice of appeal under this paragraph shall contain a concise statement of the facts and contentions upon which the appellant intends to rely.

(3) The Board shall refer a notice of appeal under this paragraph to the chairman of the National Appeal Panel appointed in accordance with Part IV of this Schedule.

(4) If the chairman, after considering the notice of appeal, is of the opinion that the notice discloses no reasonable grounds of appeal, or that the appeal is otherwise frivolous or vexatious, he may determine the appeal by dismissing it forthwith, in which case he shall inform the Board accordingly.

(5) In any other case the National Appeal Panel shall be convened in accordance with Part IV and the said Panel shall thereafter determine the appeal.

PART II PHARMACY PRACTICES COMMITTEE

Establishment and procedure

5.— (1) The Board shall, in accordance with regulation 8 of the National Health Service Health Boards: Membership, Procedure and Payment of Subscriptions (Scotland) Regulations 1975((1)) and the provisions of this Part of this Schedule establish a committee (to be known as the pharmacy practices committee ), the majority of whose members shall be members of the Board.

(2) The provisions of Part III of this Schedule shall apply to the proceedings of the pharmacy practices committee.

Functions

6.   The pharmacy practices committee shall on behalf of the Board exercise the functions of the Board in terms of regulation 28(4) and paragraph 2 of this Schedule.

Membership

7.— (1) The pharmacy practices committee shall consist of seven members of whom—

(a) two shall be the chairman and vice chairman respectively and be appointed as such by the Board; and both shall be members of the Board but neither shall be a doctor, dentist, ophthalmic optician, pharmacist or person, or the employee of a person, whose name is included in a pharmaceutical list;

(b) three shall be pharmacists of whom—

(i) one shall be a pharmacist whose name is not included in any pharmaceutical list and who is not the employee of a person whose name is so listed; and he shall be appointed by the Board from persons nominated by the Pharmaceutical Society of Great Britain; and

(ii) two shall be pharmacists each of whom is included in a pharmaceutical list or is an employee of a person whose name is so listed; and each shall be appointed by the Board from persons nominated by the area pharmaceutical committee;

(c) two shall be members of the Board and be appointed by it, but neither shall be a pharmacist, or a person, or an employee of a person, whose name is included in a pharmaceutical list, or be a doctor who is required to supply drugs and appliances in terms of regulation 30; and not more than one of the two members so appointed shall be a doctor, dentist or ophthalmic optician.

(2) Persons to act as deputies for, and corresponding in number to, each of those categories of person appointed pursuant to sub-paragraph (1)(b)(i), (b)(ii), and (c) shall, provided they satisfy the criteria specified in the relevant sub-paragraph, be appointed by the Board, and in the absence of any of those persons a deputy from the appropriate category shall be entitled to act in his place.

(3) If a nomination sought for the purposes of sub-paragraph (1)(b)(i) or (ii) above is not made before such date as the Board may determine, the Board may appoint as a member a person who satisfies the criteria specified in the relevant sub-paragraph.

8.   The Board shall prepare and maintain lists of the persons who have been appointed, in accordance with paragraph 7(1)(a), or (b)(i), or (b)(ii), or (c), as the case might be, and who currently serve as members of the pharmacy practices committee, and shall provide the Secretary of State with a copy of such lists from time to time.

PART III PROCEDURE AT MEETINGS OF THE PHARMACY PRACTICES COMMITTEE

Declaration of interest

9.— (1) Before any meeting of the pharmacy practices committee begins the chairman, or vice chairman if acting as chairman, shall ask the members intending to be present whether, in respect of any matter to be considered at the meeting, any of them—

(a) has an interest to declare; or

(b) is associated with a person who has any personal interest, and any such member who has or, as the case may be, is associated with a person who has, any such interest shall disclose it accordingly.

(2) Any member who has, pursuant to the provisions of sub-paragraph (1) above, disclosed an interest or who, in the opinion, expressed to the meeting, of the chairman or vice chairman if acting as chairman as the case may be, should have disclosed such an interest, shall not be present at the consideration or discussion of that matter or the voting on it, and a deputy who has no such interest may act in his place.

Quorum

10.   No business shall be transacted at a meeting of the pharmacy practices committee unless the chairman or vice chairman if acting as chairman, one member appointed under each of paragraph 7(1)(b)(i) and (ii), and two other members appointed under paragraph 7(1)(a) or (c) are present.

Voting

11.— (1) Subject to sub-paragraphs (2), (3) and (4) below, every application considered by the pharmacy practices committee shall be considered by all members present, but be determined only by a majority of votes of the members present who are entitled to vote.

(2) A member appointed by virtue of paragraph 7(1)(b)(i) and the vice chairman provided he is not acting as chairman are entitled to vote.

(3) A member appointed by virtue of paragraph 7(1)(b)(ii) is not entitled to vote and shall withdraw immediately before a decision on an application by voting takes place.

(4) The chairman, or vice chairman if acting as chairman, shall not be entitled to vote at any meeting except in the case of an equality of votes of the other persons present and voting, in which case he shall have a casting vote.

(5) The pharmacy practices committee shall within five working days of taking its decision give written notification of it to the Board with reasons for that decision.

Standing orders

12.   Subject to the provisions of these Regulations and of this Schedule, the Board may make, vary or revoke standing orders with the respect to the terms of office of members of the pharmacy practices committee, the procedure of that committee and the making of reports of its proceedings to the Board.

Vacancy

13.   The proceedings of the pharmacy practices committee shall not be invalidated by any vacancy in its membership, or any defect in a member’s appointment.

PART IV NATIONAL APPEAL PANEL

Nominees for the National Appeal Panel

14.— (1) The Board shall submit the names of its nominees for the National Appeal Panel to the Secretary of State and shall advise him from time to time of any changes in such nominees.

(2) At the request of the Secretary of State, the Scottish Department of the Pharmaceutical Society of Great Britain and the Pharmaceutical General Council (Scotland) shall submit the names of their nominees for the National Appeal Panel.

Chairman of National Appeal Panel

15.— (1) After consultation with all Health Boards, the Scottish Department of the Pharmaceutical Society of Great Britain and the Pharmaceutical General Council (Scotland), the Secretary of State shall appoint a person as chairman of the National Appeal Panel.

(2) The person so appointed shall not be a doctor, dentist, ophthalmic optician, pharmacist, or person, or employee of a person, whose name is on any pharmaceutical list.

Membership

16.— (1) In any case in which paragraph 4(5) falls to be applied, the Secretary of State shall arrange to convene in accordance with the succeeding sub-paragraphs the National Appeal Panel, the members of which shall be drawn from—

(a) the lists maintained in accordance with paragraph 8 and

(b) the nominees proposed in accordance with paragraph 14.

(2) No member of the National Appeal Panel shall be a member of—

(a) the Board or the pharmacy practices committee of the Board which considered the application, or

(b) any Board which was notified in terms of paragraph 1(1)(d) and which submitted representations in accordance with that paragraph.

(3) The National Appeal Panel shall consist of nine members of whom—

(a) one shall be chairman appointed as provided for in paragraph 15;

(b) one shall be vice chairman and likewise be appointed as such in accordance with terms of paragraph 15;

(c) four shall be pharmacists, one of whom has been nominated by the Scottish Department of the Pharmaceutical Society of Great Britain and the other three by the Pharmaceutical General Council (Scotland); and of the said four members two shall be persons whose names are, or who are employees of persons whose names are, included in a pharmaceutical list;

(d) three shall each be a member of a Board and have been nominated by a Board, but none shall be a pharmacist or a person, or employee of a person, whose name is included in a pharmaceutical list, or be a doctor who is required to supply drugs and appliances under regulation 30; and not more than one of the three may be a doctor, dentist or ophthalmic optician.

Declaration of interest

17.— (1) Before the start of any meeting of the National Appeal Panel the chairman, or vice chairman if acting as chairman, shall ask the members intending to be present whether, in respect of the appeal to be considered at the meeting, any of them—

(a) has an interest to declare;

(b) is associated with a person who has any personal interest, and any such member who has or, as the case may be, is associated with the person who has, any such interest shall disclose it accordingly.

(2) Any member who has, pursuant to the provisions of sub-paragraph (1) above, disclosed an interest or who, in the opinion, expressed to the meeting, of the chairman or vice chairman as the case may be, should have disclosed such an interest, shall not be present at the consideration or discussion of that appeal or the voting on it.

Quorum

18.   No business of the National Appeal Panel shall be transacted unless the chairman, or vice chairman if acting as chairman, and two members who are appointed under sub-paragraph 3(c) and are in terms of paragraph 19 entitled to vote, and two members appointed under sub-paragraph 3(d) are present.

Voting

19.— (1) Subject to sub-paragraphs (2), (3) and (4) below, every appeal considered by the National Appeal Panel shall be considered by all members present, but be determined only by a majority of votes of the members present who are entitled to vote.

(2) A member appointed by virtue of paragraph 16(3)(c) and whose name is not included in any pharmaceut ical list and who is not an employee of a person who is so listed, and the vice chairman provided he is not acting as chairman are entitled to vote.

(3) A member appointed by virtue of paragraph 16(3)(c) and whose name is included in any pharmaceutical list, or who is an employee of a person so listed, is not entitled to vote and shall withdraw immediately before a decision on an appeal by voting takes place.

(4) The chairman, or vice chairman if acting as chairman, shall not be entitled to vote at any meeting except in the case of an equality of votes of the other persons present and voting, in which case he shall have a casting vote.

Decisions by the National Appeal Panel

20.— (1) The National Appeal Panel shall determine an appeal in such manner as it thinks fit and its decision in respect of that appeal shall be final.

(2) The National Appeal Panel shall within 5 working days of taking its decision, give written notification of that decision with reasons for it to the Board to whom the original application was made.

(3) The Board shall, within 5 working days, of receipt of such notification, intimate to the applicant and all persons mentioned in paragraph 1 that decision and the reasons for it.”

(1)

S.I. 1975/197 amended by S.I. 1981/147.