The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995

Interpretation and application

2.—(1) In these Regulations unless the context otherwise requires—

“the Act” means the National Health Service (Scotland) Act 1978;

“additional professional services” has the meaning assigned to it in regulation 4;

“appliance” means an appliance which is a listed appliance within the meaning of section 27(1) of the Act;

“appropriate non-proprietary name” means a non-proprietary name which is not mentioned in Schedule 10 to the National Health Service (General Medical Services) (Scotland) Regulations 1995(1) or, except where the conditions in paragraph 31(2) of the doctors' terms of service are satisfied, in Schedule 11 to those Regulations;

“Area Medical Committee” means the committee of that name for the area of a Board recognised under section 9 of the Act;

“Area Pharmaceutical Committee” means the committee of that name for the area of a Board recognised under section 9 of the Act;

“Board” means a Health Board within the meaning of the Act;

“chemical reagent” means a chemical reagent included in a list for the time being approved by the Secretary of State for the purposes of section 27 of the Act;

“dentist” means a dental practitioner;

“doctor” means a fully registered medical practitioner;

“drugs” includes medicines and chemical reagents;

“Drug Tariff” has the meaning assigned to it in regulation 9;

“hypodermic needle exchange services” has the meaning assigned to it in regulation 3(5);

“listed drugs” means such drugs and medicines as are included in a list for the time being approved by the Secretary of State for the purposes of section 27(1) of the Act;

“medical list” means a list prepared under section 19 of the Act of medical practitioners who have undertaken to provide general medical services(2);

“medicinal products” are products defined under section 130 of the Medicines Act 1968(3);

“minor relocation” has the meaning assigned to it in regulation 5;

“National Appeal Panel” means the panel constituted under Part II of Schedule 4;

“non-proprietary name” in relation to a drug means (a) where the drug is described in a monograph in the current edition (as defined in section 103(5) of the Medicines Act 1968)(4), as in force at the time of the supply of the drug, of the European Pharmacopoeia, the British Practitioners' Formulary, any name, or abbreviation of such name, at the head of that monograph or, where such name consists of two or more words, any name derived from a suitable inversion of such words which is permitted by that publication; or (b) where the drug is not so described but has an approved name, being the name which appears in the current edition (as defined in the said section 103(5)) of the list of names prepared and published under section 100 of that Act, as in force at the time of the supply of the drug, such approved name;

“pharmaceutical list” has the meaning assigned to it in regulation 5;

“pharmaceutical services” means those services as defined by section 27 of the Act;

“pharmacist” means a pharmacist within the meaning of section 132(1) of the Medicines Act 1968;

“pharmacist contractor” means a contractor who provides pharmaceutical services, or a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968;

“provisional pharmaceutical list” has the meaning assigned to it in regulation 6;

“registered pharmacy” means a registered pharmacy within the meaning of section 74 of the Medicines Act 1968;

“relevant service” means whole-time service in the armed forces of the Crown in a national emergency or otherwise, or compulsory whole-time service in those forces, including service resulting from any reserve liability, or any equivalent service by a person liable for compulsory whole-time service in those forces;

“scheduled drug” means a drug or other substance specified in Schedule 10 to the National Health Service (General Medical Services) (Scotland) Regulations 1995, or except where the conditions in paragraph 31(2) of the doctors' terms of service are satisfied, in Schedule 11 to those Regulations.

“supplemental services” has the meaning assigned to it in regulation 3(3);

“terms of service” means the terms of service for pharmacists contained or referred to in Schedule 1.

(2) These Regulations shall apply to a person, firm or body corporate (other than a doctor or dental practitioner) providing pharmaceutical services (which includes the supply of appliances by appliance suppliers) as they apply to a pharmacist.

(3) Unless the context otherwise requires—

(a) any reference in these Regulations—

(i) to a numbered regulation is a reference to the regulation bearing that number in these Regulations,

(ii) to a numbered Part or Schedule is a reference to the Part of, or Schedule to, these Regulations bearing that number,

(iii) to a form thereby prescribed includes a form substantially the same; and

(b) any reference in a regulation or in a Schedule to these Regulations to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or Schedule.

(1)

S.I. 1995/416.

(2)

See S.I. 1995/416, regulation 4.

(3)

1968 c. 67: section 130 was amended by the Animal Health and Welfare Act 1984 (c. 40), section 13 and Schedule 1, paragraphs 3(7), 3(8), 3(9) and 3(10).

(4)

Section 103(5) was amended by the Health and Medicines Act 1988 (c. 49), section 22(6).