- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
2.—(1) Regulation 2(1) (interpretation) of the GMS Contracts Regulations shall be amended as provided in the following paragraphs.
(2) After the definition of “adjudicator”, insert—
““advanced electronic signature” means an electronic signature which is—
uniquely linked to the signatory,
capable of identifying the signatory,
created using means that the signatory can maintain under his sole control, and
linked to the data to which it relates in such a manner that any subsequent change of data is detectable;”.
(3) In the definition of “bank holiday”, after “proclaimed as a bank holiday” insert “in England and Wales”.
(4) In the definition of “batch issue”—
(a)before “prescriber”, in each place where it occurs, insert “repeatable”; and
(b)for “repeatable prescription”, in each place where it occurs, substitute “non-electronic repeatable prescription”.
(5) After the definition of “core hours” insert—
““dispenser” means a chemist, medical practitioner or contractor whom a patient wishes to dispense his electronic prescriptions;”.
(6) In the definition of “dispensing services”, for “regulation 20” substitute “regulation 60”.
(7) In the definition of “Drug Tariff”, for “regulation 18” substitute “regulation 56”.
(8) After the definition of “Drug Tariff”, insert—
““electronic communication” has the same meaning as in section 15 of the Electronic Communications Act 2000(1);
“electronic prescription” means an electronic prescription form or an electronic repeatable prescription;
“electronic prescription form” means a prescription form which falls within paragraph (b) of the definition of “prescription form”;
“electronic repeatable prescription” means a prescription which falls within paragraph (a)(ii) of the definition of “repeatable prescription”;”.
(9) After the definition of “essential services”, insert—
““ETP service” means the electronic prescription service which forms part of the NHS Care Record Service;”.
(10) Omit the definition of “NCAA”.
(11) After the definition of “national disqualification” insert—
““NHS Care Record” means the records relating to an individual patient held by the NHS Care Record Service;
“NHS Care Record Service” means the information technology systems procured by the Department of Health and used by the health service to hold medical records relating to patients;”.
(12) After the definition of “the NHS Tribunal” insert—
““nominated dispenser” means a chemist, medical practitioner or contractor whom a patient has nominated in his NHS Care Record to dispense his electronic prescriptions;
“non-electronic prescription form” means a prescription form which falls within paragraph (a) of the definition of “prescription form”;
“non-electronic repeatable prescription” means a prescription which falls within paragraph (a)(i) of the definition of “repeatable prescription”;”.
(13) After the definition of “normal hours” insert—
““NPSA” means the National Patient Safety Agency established as a Special Health Authority by the National Patient Safety Agency (Establishment and Constitution) Order 2001(2);”.
(14) In the definition of “Pharmaceutical Regulations” for “National Health Service (Pharmaceutical Services) Regulations 1992” substitute “National Health Service (Pharmaceutical Services) Regulations 2005(3)”.
(15) For the definition of “prescription form”, substitute—
““prescription form” means—
a form provided by the Primary Care Trust and issued by a prescriber, or
where paragraph 39A(1) of Schedule 6 applies, data that are created in an electronic form, signed with a prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,
to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include a repeatable prescription;”.
(16) After the definition of “repeat dispensing services”, insert—
““repeatable prescriber” means a prescriber who is—
engaged or employed by a contractor which provides repeatable prescribing services under the terms of its contract which give effect to paragraph 40 of Schedule 6, or
a party to a contract under which such services are provided;”.
(17) For the definition of “repeatable prescription”, substitute—
““repeatable prescription” means a prescription which—
either—
is contained in a form provided by the Primary Care Trust and issued by a repeatable prescriber which is in the format specified in Part 1 of Schedule 1 and which is generated by a computer and signed in ink by a repeatable prescriber; or
where paragraph 39A(1) of Schedule 6 applies, consists of data that are created in an electronic form, signed with a repeatable prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,
is issued or created to enable a person to obtain pharmaceutical services or local pharmaceutical services, and
indicates that the drugs, medicines or appliances ordered on that prescription may be provided more than once and specifies the number of occasions on which they may be provided;”.
(18) In the definition of “supplementary prescriber”—
(a)in paragraph (b)(ii), omit “or”;
(b)in paragraph (b)(iii), for “and”, in the second place where it occurs, substitute “or”; and
(c)after paragraph (b)(iii), insert—
“(iv)the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001(4) relating to—
(aa)chiropodists and podiatrists;
(bb)physiotherapists; or
(cc)radiographers: diagnostic or therapeutic, and”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: