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23. In paragraph 8 of Schedule 2(1) (terms of service of dispensing doctors – fees and charges), for sub-paragraph (2) substitute the following sub-paragraph—
“(2) Where a dispensing doctor provides a drug, appliance or additional service as part of the terms of service of the dispensing doctor, if—
(a)a GMS contractor had provided that drug, appliance or service under a GMS contract, the contractor would have been entitled to a payment for that drug, appliance or service by virtue of directions under section 87 of the 2006 Act; and
(b)the drug, appliance or service has been provided in accordance with the terms of service of the dispensing doctor (even if, by virtue of conditions imposed by the GMS Regulations, a GMS contractor could not have had equivalent terms of service),
the Primary Care Trust shall credit the dispensing doctor with that payment.”.
Amended by S.I. 2006/1501.
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