Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
6th March 1991
Laid before Parliament
11th March 1991
Coming into force
1st April 1991
The Secretary of State for Health, in exercise of powers conferred by section 103(3) and 126(4) of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Order:
1.—(1) This Order may be cited as the National Health Service Trusts (Pharmaceutical Services Remuneration—Special Arrangement) Order 1991 and shall come into force on lst April 1991.
(2) In this Order “the Act” means the National Health Service Act 1977.
2. Where, under Part II of the Act—
(a)a Family Health Services Authority has paid remuneration to any person for pharmaceutical services provided by him, and
(b)the pharmaceutical services consist of the supply of drugs, medicines or listed applicances ordered by a medical practitioner or a dental practitioner in pursuance of the functions of an NHS trust,
that NHS trust shall have the function of paying to that Family Health Services Authority the sum which that Authority, in accordance with arrangements made under section 41 of the Act(2), has paid to the person providing the pharmaceutical services.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
6th March 1991
(This note is not part of the Order)
This Order enables Family Health Services Authorities to claim reimbursement from NHS trusts for the cost of drugs, medicines or listed applicances which have been ordered by a doctor or dentist in pursuance of the functions of the NHS trust for dispensing in the community.
1977 c. 49; section 103(3) was inserted by paragraph 18(9) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and section 128(1) was amended by section 26(2)(d) of the 1990 Act so as to add a definition of “NHS trust”.
See S.I. 1974/160, regulation 28 as amended by S.I. 1985/955, regulation 2(6).