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The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013, Paragraph 5B 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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5B.—(1) Subject to the following provisions of this Part, where—
(a)an NHS Pharmacist (P) receives, via a secure service approved by [F3NHS England] for this purpose, an electronic message that amounts to an order for the supply of a drug in accordance with a PTP [F4or a PTPGD] ; and
(b)a person who is entitled to be supplied with that drug in pursuance of that order requests the provision of the drug in accordance with that order,
P must, with reasonable promptness, provide the drug so ordered.
[F5(1A) Where P considers—
(a)on the basis of a request for the supply of a drug in accordance with a PTP or a PTPGD that has been approved by [F3NHS England] as a basis for supply as part of pharmaceutical services;
(b)having made the appropriate checks; and
(c)having regard to what is reasonable and appropriate,
that a person is entitled to be supplied with the drug in accordance with the PTP or PTPGD as part of pharmaceutical services, P must, with reasonable promptness, provide the drug requested.]
(2) If a person who is entitled as mentioned in sub-paragraph (1)(b) [F6or (1A)] asks P to do so—
(a)P must give an estimate of the time when the drug will be ready; and
(b)if they are not ready by then, P must give a revised estimate of the time when they will be ready (until they are ready).
[F7(3) Sub-paragraph (1) does not apply where arrangements are in place for the provision of the drug (whether by P or otherwise) ordered pursuant to the PTP or PTPGD as part of a directed service which includes arrangements for the provision of such a drug ordered in accordance with such a PTP or PTPGD.
(4) Sub-paragraph (1A) does not apply where arrangements are in place for the provision of the drug (whether by P or otherwise) requested in accordance with the PTP or PTPGD as part of a directed service which includes arrangements for the provision of such a drug requested in accordance with such a PTP or PTPGD.]]
Textual Amendments
F1Sch. 4 para. 5B inserted (9.11.2020) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020 (S.I. 2020/1126), regs. 1(2), 6
F2Words in Sch. 4 para. 5B heading inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 3(2)(c)
F3Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F4Words in Sch. 4 para. 5B(1)(a) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 3(2)(a)
F5Sch. 4 para. 5B(1A) inserted (1.3.2021) by The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/169), regs. 1(2), 3(2)(b)
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