The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1991

Amendments to Schedule 3A (provisions further to regulation 28) to the principal Regulations

21.—(1) Schedule 3A (provisions further to regulation 28) to the principal Regulations shall be amended in accordance with this regulation.

(2) In Part II (pharmacy practices committee) of that Schedule—

(a)for paragraph 5(1) (establishment and procedure) there shall be substituted the following:—

(1) The Board shall, in accordance with regulation 7 of the Health Boards (Membership and Procedure) Regulations 1991(1) and the provisions of this Part of this Schedule establish a committee (to be known as “the pharmacy practices committee”).;

(b)for paragraph 7 (membership) there shall be substituted the following:—

Membership

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

(a)one shall be the chairman appointed as such by the Board; the chairman shall be a member of the Board but shall not be an officer of the Board nor shall he be, nor previously have been, a doctor, dentist, ophthalmic optician or pharmacist or the employee of a person who is a doctor, dentist, ophthalmic optician or pharmacist;

(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 Royal 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; and

(c)three shall be persons appointed by the Board otherwise than from the members of the Board but none shall be nor previously have been a doctor, dentist, ophthalmic optician or a pharmacist, or an employee of a person who is a doctor, dentist, opthalmic optician or a pharmacist.

(2) Persons to act as deputies for, and corresponding in number to, each of those categories of person appointed pursuant to sub-paragraph (1) 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..

(3) In Part III (procedure at meetings of the pharmacy practice committee) of that Schedule—

(a)in paragraphs 9 (declaration of interest) and 10 (quorum) for the expression “vice chairman if” wherever it occurs there shall be substituted the expression “, in his absence, the person”;

(b)in paragraph 10 (quorum) for the words “7(1)(a) or (c)” there shall be substituted the words “7(1)(c)”;

(c)in paragraph 11 (voting)—

(i)in sub-paragraph (2) for the words from “and the vice chairman” to the end there shall he substituted the words “is entitled to vote”;

(ii)in sub-paragraph (4) for the words “vice-chairman if” there shall be inserted the words “, in his absence, the person”.

(4) In part IV (national appeal panel) of that Schedule—

(a)in paragraphs 14(2), 15(1) and 16(3)(c) for the expression “Pharmaceutical Society of Great Britain” where it occurs in each of those paragraphs, there shall be substituted the expression “Royal Pharmaceutical Society of Great Britain”;

(b)in paragraph 16 (membership) for sub-paragraph (3)(d) there shall be substituted the following:—

(d)three shall be persons nominated by a Board none of whom is, or has been previously, a doctor, dentist, ophthalmic optician or a pharmacist nor a person employed by a doctor, dentist, ophthalmic optician or pharmacist..