The National Health Service (Miscellaneous Amendments Relating to Community Pharmaceutical Services and Optometrist Prescribing) Regulations 2009

Amendment of regulation 2

3.  In regulation 2(1) (interpretation)—

(a) in paragraph (1)—

(i) omit the definition of “Community Health Council”,

(ii) after the definition of “Nursing and Midwifery Register” insert the following definition—

““optometrist independent prescriber” means a person—

(a)

who is an optometrist registered in the relevant register; and

(b)

against whose name in the relevant register is recorded an annotation signifying that the optometrist is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;”,

(iii) in the definition of “prescriber”, for “or a supplementary prescriber” substitute “, a supplementary prescriber or an optometrist independent prescriber”, and

(iv) in the definition of “relevant register”—

(aa) omit the “and” at the end of sub-paragraph (a), and

(bb) after sub-paragraph (b) insert the following sub-paragraph—

“(c) in relation to an optometrist, the register of optometrists maintained under section 7(a) of the Opticians Act 1989(2);”; and

(b) after paragraph (4) insert the following paragraphs—

“(5) For the purposes of these Regulations, “emergency requiring the flexible provision of pharmaceutical services” means an emergency declared by means of a direction to Primary Care Trusts under section 8(1) of the 2006 Act to the effect that, as a result of the threatened damage to human welfare caused or which may be caused by the illness designated in the direction, Primary Care Trusts must for a specified period—

(a) exercise, or

(b) where a discretion is conferred, consider exercising,

one or more of their functions under regulation 7A, 60(8A) or 65A, paragraph 25A of Schedule 1 or paragraph 13A of Schedule 3, subject to any conditions or limitations set out in the direction.

(6) Where—

(a) a direction of the type mentioned in paragraph (5) is given; and

(b) the Secretary of State issues a further direction changing the specified period of the emergency,

the duration of the emergency is to be construed in accordance with the specified period as so changed.”.

(1)

Amended by S.I. 2005/1501 and 3491, 2006/552, 562, 913, 1501 and 3373, 2007/289 and 674, and 2008/528.

(2)

1989 c.44; section 7(a) was substituted by S.I. 2005/848.