The National Health Service (Pharmaceutical Services) Amendment Regulations 1995

Amendment of Part II of Schedule 2 to the principal Regulations

7.—(1) Part II of Schedule 2 to the principal Regulations (terms of service for chemists) shall be amended as follows.—

(2) In paragraph 3(3) (provision of pharmaceutical services), for the words “sub-paragraphs (3), (4) and (5)” there shall be substituted the words “sub-paragraphs (4) to (12)”.

(3) In paragraph 4 (premises and hours)—

(a) at the end of sub-paragraph (2)(b) there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;

(b) at the end of sub-paragraph (3) there shall be inserted the words “; “working day” means Monday to Saturday excluding a Good Friday, Christmas Day or a bank holiday which falls on any such day; and “an early closing day” means any working day when most shops in the neighbourhood are habitually closed after the hour of 13.00.”;

(c) in sub-paragraph (4), after the words “such services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;

(d) in sub-paragraph (7)(b), for the word “chemist”there shall be substituted the word “pharmacist”, and after the words “such services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;

(e) in sub-paragraph (18), after the words “pharmaceutical services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;

(f) in sub-paragraph (20)(b), after the words “pharmaceutical services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”; and

(g) after sub-paragraph (24) there shall be inserted the following sub-paragraphs—

“(25) Where it appears to the FHSA, after consultation with the Local Pharmaceutical Committee, that the times at which a pharmacist is available—

(a) on working days before the hour of 09.00 or after the hour of 17.30 (or 13.00 on an early closing day); or

(b) on any Sunday, Good Friday, Christmas Day or bank holiday,

are not adequate to meet the needs of persons in the neighbourhood for pharmaceutical services at those times or on those days, the FHSA may (subject to sub-paragraphs (26) to (28)) direct the chemist to revise the times at which the pharmacist is to be available in the manner specified in the direction.

(26) No direction shall be given under sub-paragraph (25) unless a fee, allowance or other remuneration to be paid to any chemist so directed is included in the Drug Tariff or has been determined by the FHSA by virtue or regulation 18(1A) (as the case may be).

(27) Before giving any direction under sub-paragraph (25) the FHSA shall—

(a) give notice to the chemist of the revised times at which it proposes the pharmacist is to be available; and

(b) allow the chemist 30 days within which to make representations to the FHSA about its proposals,

and shall take any such representations into account.

(28) The FHSA shall notify the chemist in writing of a direction under sub-paragraph (25), and shall include with the notification of a statement in writing of the reasons for its direction and of the chemist’s right of appeal under sub-paragraph (29).

(29) A chemist may, within 30 days of receiving notification under sub-paragraph (28), appeal in writing to the Secretary of State against a direction under sub-paragraph (25).

(30) Sub-paragraphs (11) and (12) shall apply to any appeal made under sub-paragraph (29) but as though any reference to a determination—

(a) in sub-paragraph (11) were to a direction; and

(b) in sub-paragraph (12) were to a decision.

(31) A chemist in respect of whom a direction is given under sub-paragraph (25) shall revise the times of availability of the pharmacist so as to give effect to the direction—

(a) where the direction is given by the FHSA and no appeal is made, not later than 8 weeks after the date on which he receives notification under sub-paragraph (28); or

(b) where the direction is given or confirmed on appeal, not later than 8 weeks after the date on which he receives notification of the Secretary of State’s decision.”.

(4) In paragraph 8 (remuneration of chemists)—

(a) in sub-paragraph (2), after the words “Drug Tariff” there shall be inserted the words “or in accordance with any determination made by virtue of regulation 18(1A)”; and

(b) in sub-paragraph (2A), after the words “Drug Tariff” there shall be inserted the words “or by any determination made by virtue of regulation 18(1A)”.

(5) Paragraph 9 (fair wages for staff) shall be omitted.