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4.—(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004(1) are amended in accordance with this paragraph.
(2) In regulation 2(1) (interpretation)—
(a)in the definition of “Drug Tariff”, for “regulation 18” substitute “regulation 41”; and
(b)in the definition of “Pharmaceutical Regulations”, for “National Health Service (Pharmaceutical Services) Regulations 1992” substitute “National Health Service (Pharmaceutical Services) (Wales) Regulations 2013”.
(3) In Schedule 6 (other contractual terms)—
(a)in paragraph 47 (provision of dispensing services)—
(i)in sub-paragraphs (4)(b) and (9)(a), in each case for “regulation 12(15) or 13(13)(b) of” substitute “paragraph 6 of Schedule 2, paragraph 13 of Schedule 2 or paragraph 8(3) of Schedule 3 to”, and
(ii)in sub-paragraph (9)(b)(ii), for “regulation 9(10) of” substitute “Part 2 of Schedule 3 to” and for “(determination of whether an area is a controlled locality)” substitute “(appeals against decisions determining controlled localities)”;
(b)in paragraph 48 (consent to dispense)—
(i)in sub-paragraph (2)—
(aa)for “regulations 12 and 13 of” substitute “regulation 24 of and Part 3 of Schedule 2 to”, and
(bb)for “regulation 21” substitute “regulation 24”,
(ii)in sub-paragraph (4), for “regulation 12(16)” substitute “regulation 24(9)”,
(iii)for sub-paragraph (5) substitute—
“(5) Regulation 24 of the Pharmaceutical Regulations will apply as if modified as follows: in paragraph (1) for “to provide pharmaceutical services to patients under regulation 20(1)(b) or (c) (arrangements for the provision of pharmaceutical services by doctors)” there were substituted a reference to the provision of dispensing services to patients under paragraph 47.”
(iv)for sub-paragraph (6) substitute—
“(6) Part 3 of Schedule 2 will apply as if modified as follows: in paragraph 8(1)(a) (ii) for “dispensing doctor list made under Part 5 of these Regulations” there were substituted a reference to an application under sub-paragraph (1) of this paragraph.”
(c)For paragraph 49(8)(2) (terms relating to the provision of dispensing services) substitute—
“(8) A contractor providing dispensing services must comply with paragraph 6 of Schedule 6 to the Pharmaceutical Regulations, as if modified as follows—
(a)for “paragraph 4”, substitute “paragraph 49(4) of Schedule 6 to the GMS Regulations”;
(b)for “dispensing doctor” in sub-paragraph (a) and (b), substitute “the contractor providing dispensing services.”.
S.I. 2004/478 (W.48).
Sub-paragraph 8 was substituted by S.I. 2006/358 (W.46).
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