[F1Supply in accordance with a PTP [F2or a PTPGD] U.K.
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)