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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 349
- PART 13
- Regulation 109
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Changes over time for: Section 109
Version Superseded: 01/03/2015
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- 01/04/2013- Amendment
- 01/04/2014
Point in time - 01/03/2015- Amendment
- 06/11/2023- Amendment
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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, Section 109 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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LPS pilot schemes: health service body statusU.K.
This section has no associated Explanatory Memorandum
109.—(1) Where a provider (P) of piloted services under an LPS pilot scheme is or has become a health service body for the purposes of section 9 of the 2006 Act (NHS contracts), subject to paragraph (2), any variation of the LPS pilot scheme which changes a party to the scheme does not affect the health service body status of the provider of piloted services under that scheme.
(2) If P is a health service body for the purposes of an LPS pilot scheme, P may at any time request a variation by the NHSCB of the scheme so as to provide that the scheme is to cease to be an NHS contract, and if P does—
(a)the NHSCB must agree to the variation; and
(b)subject to paragraph (4), P is to cease to be a health service body for the purposes of section 9 of the 2006 Act from the date on which the variation takes effect.
(3) Subject to paragraph (4), a person who has been both the provider of piloted services under an LPS pilot scheme and a health service body for the purposes of that scheme is to cease to be a health service body for the purposes of that scheme where the scheme—
(a)is varied so that person is no longer the provider of piloted services under that scheme; or
(b)is terminated.
(4) Where a person ceases to be a health service body for the purposes of an LPS pilot scheme agreement pursuant to—
(a)paragraph (2), P is to be bound (as is the NHSCB) by any adjudication which was referred to an adjudicator in accordance with the terms of the scheme before the variation took effect; or
(b)paragraph (3)(b), C is to continue to be a health service body for the purposes of the resolution of any dispute that falls to be resolved in accordance with the terms of the terminated scheme notwithstanding its termination.
(5) Piloted services and pharmaceutical services must not be provided from the same premises.
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