59.—(1) The contractor may only provide repeatable prescribing services to a person on its list of patients if the contractor—
(a)satisfies the conditions specified in paragraph (2); and
(b)has given notice in writing to [F1NHS England] of its intention to provide repeatable prescribing services in accordance with paragraphs (3) and (4).
(2) The conditions specified in this paragraph are that—
(a)the contractor has access to computer systems and software which enable it to issue non-electronic repeatable prescriptions and batch issues; and
(b)the practice premises at which the repeatable prescribing services are to be provided are located in a local authority area in which there is also located the premises of at least one chemist who has undertaken to provide, or has entered into arrangements to provide, repeat dispensing services.
(3) The notice given under paragraph (1)(b) must confirm that the contractor—
(a)wants to provide repeatable prescribing services;
(b)intends to begin providing those services from a specified date; and
(c)satisfies the conditions specified in paragraph (2).
(4) The date specified by the contractor under paragraph (3)(b) must be at least ten days after the date on which the notice under paragraph (1)(b) was given.
(5) Nothing in this regulation requires a contractor or a prescriber to provide repeatable prescribing services to any person.
(6) A prescriber may only provide repeatable prescribing services to a person on a particular occasion if—
(a)the person has agreed to receive such services on that occasion; and
(b)the prescriber considers that it is clinically appropriate to provide such services to that person on that occasion.
(7) The contractor may not provide repeatable prescribing services to any person on its list of patients to whom any person specified in paragraph (8) is authorised or required by [F1NHS England] to provide pharmaceutical services in accordance with arrangements under section 126 M1 (arrangements for pharmaceutical services) and section 132 M2 (persons authorised to provide pharmaceutical services) of the Act.
(8) The persons specified in this paragraph are—
(a)in the case of a contract with an individual medical practitioner, that medical practitioner;
(b)in the case of a contract with two or more persons practising in a partnership, any medical practitioner who is a partner in the partnership;
(c)in the case of a contract with a company limited by shares, any medical practitioner who is both a legal and beneficial shareholder in that company; or
(d)any medical practitioner employed or engaged by the contractor.
Textual Amendments
F1Words 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
Marginal Citations
M1Section 126 was amended by sections 213(7)(k) and 220(7) of, and paragraph 63 of Schedule 4 to, the Health and Social Care Act 2012 (c.7).
M2Section 132 was amended by paragraph 69 of Schedule 4 to the Health and Social Care Act 2012 (c.7), section 115 (1) of, and paragraphs 120 and 121 of Schedule 9 to, the Protection of Freedoms Act 2012 (c. 9), and by S.I. 2007/289 and S.I. 2010/22 and 231.