The National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1988

Statutory Instruments

1988 No. 1106

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1988

Made

27th June 1988

Laid before Parliament

1st July 1988

Coming into force

1st August 1988

The Secretary of State for Social Services, in exercise of powers conferred on him by sections 29, 41 and 42 of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1988 and shall come into force on 1st August 1988.

Amendment of Regulations

2.—(1) The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974(2) shall be amended in accordance with the following paragraphs of this regulation.

(2) In Schedule 1 (terms of service for doctors), there shall be inserted after paragraph 33A the following paragraph —

“33B.   A doctor shall not without reasonable excuse demand or accept from a Committee any fee or other remuneration to which he is not entitled under the provisions of the regulations, the Statement published under regulation 24 or the Drug Tariff.”.

(3) In Schedule 3A (drugs and other substances not to be prescribed for supply under pharmaceutical services) —

(a) the following entries shall be omitted:—

• Congesteze Paediatric Syrup

• Congesteze Syrup

• Congesteze Tablets

• Normacol Standard Granules

• Normacol Standard Sugar Free Formula Granules

• Q-Panol Tablets

• ROC Total Sunblock Creams (light tan; deep tan)

• Trufree Bread Mix

• Trufree Pasta Mix

• Trufree Plain Flour

• Trufree Sweet Biscuit Mix;

(b) the following entries shall be inserted:—

(i) immediately after “10 Hour Capsules”—

• 10.10 Cleaning and Disinfecting Solution

• 10.10 Rinsing and Neutralising Solution,

(ii) at the appropriate point in the alphabetical order—

• Ami — 10 Rinsing and Storage Solution

• Amiclear Contact Lens Cleanser Tablets

• Amidose Saline Solution 30ml

• Amin-Aid

• Barnes — Hind Cleaning and Soaking Solution

• Barnes — Hind Intensive Cleaner

• Barnes — Hind No. 4 Cleaner

• Barnes — Hind Wetting and Soaking Solution

• Bausch and Lomb Cleaning Tablets

• Bausch and Lomb Daily Lens Cleaner

• Bausch and Lomb Saline Solution

• BC 500 Vitamin Sachets Effervescent

• Bergasol Ultra Protection Tanning Lotion

• Biactol Anti-Bacterial Face Wash

• Boots Baby Oil

• Boots Soft Lens Comfort Solution

• Boots Soft Lens Soaking Solution

• Boston Lens Cleaning Solution

• Boston Lens Wetting and Soaking Solution

• Carnation Slender Meal Replacement (All Flavours)

• Clean and Soak

• Coda-Med Tablets

• Contactaclean Cleaning Solution

• Contactasoak Disinfecting and Soaking Solution

• Contactasol Wetting Solution

• Elizabeth Arden Flawless Finish

• Elizabeth Arden Sunblock Cream Factor 15

• Ener-G Gluten-free and Soya-free Macaroon Cookies

• Ener-G Gluten-free and Yeast-free Brown Rice Bread

• Ener-G Gluten-free Rice Peanut-Butter Cookies

• Ener-G Gluten-free Rice Walnut Cookies

• Ener-G Low-Protein and Gluten-free Egg Replacer

• Falkamin

• Flexcare Soft Lens Solution

• Flexsol Solution

• GF Brand Chocolate Nut Cookies

• GF Brand Fruit Bran Biscuits

• GF Brand Ginger Cookies

• GF Brand Gluten-free Coconut Cookies

• GF Brand Gluten-free Pastry Mix

• GF Brand Muesli

• GF Brand Muesli Fruit Biscuits

• Healtheries Rice Crispbread

• Hexidin Solution

• Hydrocare Boiling/Rinsing Solution

• Hydrocare Cleaning and Soaking Solution

• Hydrocare Preserved Saline Solution

• Hydrocare Protein Remover Tablets

• Hydroclean Solution

• Hydron Europe Cleaning Solution

• Hydron Europe Comfort Soaking Solution

• Hydron Europe Solusal

• Hydron Europe Solution Comfort

• Hydrosoak Disinfecting and Soaking Solution

• Hydrosol Comfort Solution

• Infa-Care Baby Bath

• Johnson & Johnson Baby Oil

• Johnson & Johnson Baby Powder

• Junior Disprol Tablets

• Junior Paraclear Tablets

• Kelsoak 2 Solution

• Kelvinol 2 Wetting Solution

• Lactaid Lactase enzyme for milk drops

• Lactaid Lactase enzyme tablets

• Lactaid Lactose reduced skimmed and whole milk UHT

• LC 65 Cleaning Solution

• Lensept Solution

• Lensine 5 All in One Solution

• Lensplus Sterile Saline Spray

• Lensrins Solution

• Liquifilm Wetting Solution

• Listerine Antiseptic Mouthwash

• Listermint Mouthwash

• Marvel

• Maxisorb

• Mediclean Soft Lens Solution

• Medisoak Soft Lens Solution

• Milupa 7 Cereal Breakfast

• Milupa Special Formula HN25

• Minoxidil Lotion

• Mira Flow Soft Lens Solution

• Mira Soak Soft Lens Soaking Solution

• Mira Sol Soft Lens Solution

• Panadol Junior Sachets

• Paraclear Tablets

• Paracodol Capsules

• Paxalgesic Tablets

• Phisoderm

• Piz Buin Children’s Balm SPF 8

• Piz Buin Creme factor 6

• Piz Buin Creme factor 8

• Piz Buin Lip Protection Stick SPF8

• Piz Buin SPF 6 Lotion

• Piz Buin SPF 8 Lotion

• Pliagel Soft Lens Solution

• Preflex Solution

• Prenatol Anti Stretch Mark Cream

• Regaine

• Rite Diet Diabetic Fruit Cake

• Rite Diet Gluten-free Baking Powder

• Rite Diet Gluten-free Crunchy Bars

• Rite Diet Gluten-free Muesli Cookies

• RoC Compact Cleanser

• RoC Foundation Cream

• RoC Vitamin Cream

• Ruthmol

• Savlon Baby Care Cream

• Savlon Baby Care Lotion

• Savlon Baby Care Oil

• Savlon Baby Care Powder

• Savlon Baby Care Shampoo

• Savlon Baby Care Soap

• Selora Sodium-free Salt Substitute

• Soaklens Solution

• Softtab Soft Lens Care Tablets

• Solpadeine Capsules

• Solusol Solution

• Soquette Soaking Solution

• Steri-Clens Solution

• Steri-Solve Soft Lens Solution

• Titan Hard Cleanser

• Total All Purpose Solution

• Transclean Cleaning Solution

• Transdrop

• Transoak Solution

• Transol Solution

• Trufree Crispbran

• Vaseline Intensive Care Lotion

• Vaseline Intensive Care Lotion Herbal and Aloe.

Signed by authority of the Secretary of State for Social Services

Tony Newton

Minister of State,

Department of Health and Social Security

27th June 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 (“the 1974 Regulations”) which regulate the terms on which doctors and chemists provide general medical services and pharmaceutical services under the National Health Service Act 1977.

Part I of Schedule 1 to the 1974 Regulations contains the terms of service for doctors providing general medical services. Regulation 2(2) of these Regulations inserts into that Part a paragraph imposing on doctors a specific obligation not to demand or receive fees or other remuneration to which they are not entitled.

Schedule 3A to the 1974 Regulations contains a list of drugs and other substances for which a doctor may not issue a prescription for supply under pharmaceutical services and which may not be dispensed under those services. Regulation 2(3) of these Regulations removes some drugs and other substances from, and includes others in, that list.

(1)

1977 c. 49; see section 128(1) for the definition of “regulations”; section 29 was amended by the Health Services Act 1980 (c. 53), section 7 and Schedule 1, paragraph 42 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; section 41 was amended by the Health Services Act 1980, section 20(1) and Schedule 1, paragraph 53 and Schedule 7; section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1) and amended by S.I. 1988/866; sections 29 and 41 were each modified by S.I. 1985/39.

(2)

S.I. 1974/160; relevant amending instruments are S.I. 1985/290, 803 and 1712, 1986/381.