The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

Withdrawal from pharmaceutical list

11

• (1) Subject to sub-paragraph (2) a pharmacy contractor may at any time give notice in writing to the Board that such pharmacy contractor desires to withdraw such pharmacy contractor’s name from the pharmaceutical list and such pharmacy contractor’s name shall be removed therefrom at the expiration of three months from the date of such notice or of such shorter period as the Board may agree.

• (2) Where representations are made to the Tribunal under the provisions of section 29 of the Act (the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification), such pharmacy contractor shall not, except with the consent of the Scottish Ministers and subject to such conditions as the Scottish Ministers may impose, be entitled to withdraw such pharmacy contractor’s name from the list pending the termination of the proceedings on such representations, request for review or review.

• (3) The name of any pharmacy contractor whose business is carried on by representatives in accordance with the provisions of the 1968 Act, shall not be removed from the list so long as the business is carried on by them in accordance with the provisions of that Act, and the representatives agree to be bound by the terms of service of the pharmacy contractor.

Complaints

12

A pharmacy contractor must have arrangements in place which operate in accordance with section 15 of the Patient Rights (Scotland) Act 2011, and any regulations or directions made under that Act.

13

• (1) A pharmacy contractor shall cooperate with any investigation of a complaint by the Board in accordance with the procedures which it operates in accordance with section 15 of the Patient Rights (Scotland) Act 2011 whether the investigation follows one under the pharmacy contractor’s complaints procedure or not.

• (2) The cooperation required by sub-paragraph (1) includes–

• (a) answering questions reasonably put to the pharmacy contractor by the Board;

• (b) providing any information relating to the complaint reasonably required by the Board; and

• (c) attending any meeting to consider the complaint (if held at a reasonably accessible place and at a reasonable hour, and due notice has been given), if the pharmacy contractor’s presence at the meeting is reasonably required by the Board.

Records

14

• (1) A pharmacy contractor shall keep proper, complete, accurate and up-to-date records in respect of the pharmaceutical services they provide.

• (2) A pharmacy contractor shall retain all such records for a minimum period of seven years.

• (3) A pharmacy contractor shall, when requested to do so by any authorised officer of the Scottish Ministers, the Agency or the Board during the period in which the contractor is required to retain such records produce them or make them available to such authorised officer of the Scottish Ministers, the Agency or the Board.

• (4) A pharmacy contractor shall not be obliged to make records available to a person referred to in sub-paragraph (3) unless they produce, on request, written evidence that they are authorised by the Scottish Ministers, the Agency or the Board, to act on their behalf.

• (5) A pharmacy contractor shall designate a person engaged by that pharmacy contractor to take responsibility for practices and procedures relating to the confidentiality of patient data held by them.

Professional standards

15

Without prejudice to any rule or implication of law to that effect, a pharmacist who provides pharmaceutical services in accordance with arrangements made in these Regulations shall do so in conformity with standards generally accepted in the pharmaceutical profession.

SCHEDULE 2

FORM A (1)	Application for inclusion in the pharmaceutical list to provide pharmaceutical services – relocation or new application.	Regulation 5(2)
FORM A (2)	Application for inclusion in the pharmaceutical list to provide pharmaceutical services – change of provider.	Regulation 5(2)
FORM B	Notification of information not given on form A1/A2.	Regulation 8(4)
FORM C	Notification of date of entry on pharmaceutical list.	Regulation 5(11)
FORM D	Notification of date of inclusion in provisional pharmaceutical list.	Regulation 8(3)
	Form of notice to be exhibited at premises from which pharmaceutical services are provided.	Schedule 1 paragraph 6

FORM A

for use by pharmacists

application for inclusion in the pharmaceutical list** (See Note 1)

FORM A

for use by persons other than pharmacists

application for inclusion in the pharmaceutical list (See Note 1)

Regulation 5(2)

FORM A (MR)

for use by pharmacists

application for minor relocation of pharmacy premises

Regulation 5(2)

FORM B

for use by pharmacists

notification of information not given on form A/form A (MR)

Regulation 8(4)

FORM B

for use by persons other than pharmacists

notification of information not given on form A/form A (MR)

Regulation 8(4)

FORM C

for notification to pharmacists

notification of inclusion in pharmaceutical list

Regulation 5(11)

FORM C

for notification to persons other than pharmacists

notification of date of entry on pharmaceutical list

Regulation 5(11)

FORM D

for notification to pharmacists

notification of date of inclusion in provisional pharmaceutical list

Regulation 8(3)

Form of notice to be exhibited

by pharmacists

National Health Service, Scotland

Schedule 1, paragraph 6

Form of notice to be exhibited

by persons other than pharmacists

National Health Service, Scotland

Schedule 1, paragraph 6

SCHEDULE 3 — THE BOARD

Receipt and notification of applications

1

• (1) Upon receipt of an application to which regulation 5(10) applies, or receiving further information submitted under regulation 5(2E), the Board shall—

• (a) assess whether the boundaries of the neighbourhood within which the applicant intends to provide pharmaceutical services, or any part of it, falls within a controlled locality; and

• (b) within 10 working days of an assessment being made, give written notice of the application and any assessment that it is within a controlled locality to—

• (i) the Area Pharmaceutical Committee;

• (ii) the Area Medical Committee;

• (iii) any person whose name is included in the pharmaceutical list or the provisional pharmaceutical list and whose interests may, in the opinion of the Board, be significantly affected if the application were granted;

• (iv) any Board whose boundary is within two kilometres of the proposed premises; and

• (v) any nominated community representative that covers the neighbourhood within which the applicant intends to provide pharmaceutical services, or any part of it,

and any person or body so notified may, within 30 days from the date on which the notification was sent to such person or body, make written representations about the application to the Board.

• (2) Any Board which is notified under sub-paragraph (1)(d) above shall, within 5 working days, give written notice of the application to–

• (a) its Area Pharmaceutical Committee;

• (b) its Area Medical Committee;

• (c) any person whose name is included in its pharmaceutical list or the provisional pharmaceutical list and whose interests may, in the opinion of the said Board be significantly affected if the application were granted,

and any person so notified may, within 30 days from the date on which the notification was sent to the said Board, make written representations to the Board to whom the application was made.

• (3) Any notice given under sub-paragraph (1) or (2) above shall include a statement of the right to make representations in accordance with that sub-paragraph.

Public consultation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of applications

3

• (1) In considering an application to which regulation 5(10)(a) applies, the Board shall have regard to—

• (a) the pharmaceutical services already provided in the neighbourhood of the premises named in the application by persons whose names are included in a pharmaceutical list;

• (b) pharmaceutical services to be provided in the neighbourhood at these premises by any person whose name is included in the provisional pharmaceutical list;

• (c) any representations received by the Board under paragraph 1;

• (d) any information available to the Board which, in its opinion, is relevant to consideration of the application;

• (e) the consultation analysis report submitted in accordance with regulation 5A;

• (f) the pharmaceutical care services plan; and

• (g) the likely long term sustainability of the pharmaceutical services to be provided by the applicant.

• (2) The Board may, if it considers that oral representations are unnecessary, determine the application without hearing oral representations.

• (3) In any case in which the Board decides to hear oral representations, the Board must—

• (a) give the applicant and any person from whom it received representations under paragraph 1 reasonable notice of the meeting at which such representations are to be heard;

• (b) permit the applicant and any person making representations at the hearing to be assisted by another person;

• (c) permit the applicant or any person making representations at the hearing either to—

• (i) speak to their own representations; or

• (ii) nominate the person assisting them to speak on their behalf; and

• (d) confirm that any person assisting the applicant or any person making representations at the hearing is not appearing in the capacity of counsel, solicitor or paid advocate.

• (4) The Board shall, subject to sub-paragraph (5), make a determination on the application within 6 weeks of the date that they received the consultation analysis report under regulation 5A.

• (5) A 6 week determination period under sub-paragraph (4) may be extended in exceptional circumstances and in such an event the Board must inform the applicant and any person or body notified under paragraph 1 or 2A, of the extended time period and the reasons for it.

• (6) The Board’s determination of an application must include—

• (a) a summary of the consultation analysis report submitted in accordance with regulation 5A;

• (b) an explanation of how the consultation analysis report was taken into account in arriving at the decision, with regard to the tests under regulation 5(10), as applicable; and

• (c) the reasons for its decision.

• (7) The functions of the Board under this paragraph shall be exercised on its behalf by the Pharmacy Practices Committee in accordance with Part I of Schedule 4.

Notification of decisions

4

• (1) The Board shall, within 5 working days of having been notified in accordance with paragraph 6 of Part I of Schedule 4, intimate the decision on the application and the information required under paragraph 3(6), and any right of appeal applicable under paragraph 5, to the applicant and the persons or bodies mentioned in paragraph 1.

• (2) The Board shall within 5 working days of such intimation publish on its website the decision on the application and the information required under paragraph 3(6).

Appeals

5

• (1) Subject to sub-paragraph (2) the applicant or any person mentioned in paragraph 1 may appeal against the decision of the Board on the application, and must give notice of any such appeal to the Board within 21 days from the date on which notification of the Board’s decision was sent to the applicant or person mentioned in paragraph 1.

• (2) Any person mentioned in paragraph 1 who was notified of an application under that paragraph but made no written representations to the Board about it shall not be entitled to appeal against a decision of the Board in relation to that application.

• (2A) The grounds of appeal are limited to where the circumstances in sub-paragraph (2B) have occurred or where the Board has erred in law in its application of the provisions of these Regulations.

• (2B) The circumstances are—

• (a) there has been a procedural defect in the way the application has been considered by the Board;

• (b) there has been a failure by the Board to properly narrate the facts or reasons upon which their determination of the application was based; or

• (c) there has been a failure to explain the application by the Board of the provisions of these Regulations to those facts.

• (3) Any notice of appeal under this paragraph shall contain a concise statement detailing the circumstances in sub-paragraph (2B) or other points of law in respect of which the appellant contends that the decision of the Board is erroneous.

• (4) The Board shall refer a notice of appeal under this paragraph to the chair of the National Appeal Panel together with the decision of the Board on the application.

• (5) The Chair, after considering the notice of appeal and the decision of the Board, shall—

• (a) dismiss the appeal, if the Chair is of the opinion that:

• (i) the notice discloses no reasonable grounds of appeal; or

• (ii) the appeal is otherwise frivolous or vexatious; or

• (b) remit the decision back to the Board for reconsideration if the Chair is of the opinion that any of the circumstances in sub-paragraph (2B) have occurred,

and the Chair’s decision is final.

• (6) In any other case the National Appeal Panel shall be convened in accordance with Part II of Schedule 4 and the said Panel shall thereafter determine the appeal.

• (7) Where the Chair remits an application back to the Board for reconsideration—

• (a) the Chair shall give to the Board such advice as appears to the Chair to be desirable with a view to remedying the defect or failure that has led to the decision to remit;

• (b) the Chair shall send a copy of the remitted application and the advice issued to the Scottish Ministers; and

• (c) the Board shall reconsider the application.

• (7A) The National Appeal Panel shall, subject to sub-paragraph (7B), make a decision under sub-paragraph (5) or a determination under sub-paragraph (6) within 3 months of the date of receipt of a notice of appeal under sub-paragraph (4).

• (7B) The 3 month period in sub-paragraph (7A) may be extended in exceptional circumstances and in such an event the National Appeal Panel must inform the interested parties of the extended time period and the reasons for it.

• (7C) In this paragraph “interested parties” means the appellant, the applicant and any person mentioned in paragraph 1 who makes written representations to the Board about the application.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

PART I — PHARMACY PRACTICES COMMITTEE

Pharmacy Practices Committee

1

The Board shall, in accordance with regulation 7 of the Health Boards (Membership and Procedure) (Scotland) Regulations 2001[^f00048] and the provisions of this Schedule establish a committee (to be known as “the Pharmacy Practices Committee”).

Functions

2

The Pharmacy Practices Committee shall on behalf of the Board exercise the functions of the Board in terms of regulation 5(10) and paragraph 3 of Schedule 3.

Membership

3

• (1) The Pharmacy Practices Committee shall consist of seven members of whom–

• (a) one shall be the chair appointed as such by the Board; the chair shall be a member of the Board but shall not be an officer of the Board nor shall the chair be, nor previously have been, a doctor, dentist, ophthalmic optician or pharmacist or the employee of a person who is a doctor, dentist, ophthalmic optician or pharmacist;

• (b) three shall be pharmacists of whom–

• (i) one shall be a pharmacist whose name is not included in any pharmaceutical list and who is not the employee of a person whose name is so listed; and such pharmacist shall be appointed by the Board from persons nominated by the Area Pharmaceutical Committee; and

• (ii) two shall be pharmacists each of whom is included in a pharmaceutical list or is an employee of a person whose name is so listed; and each shall be appointed by the Board from persons nominated by the Area Pharmaceutical Committee; and

• (c) three shall be persons appointed by the Board otherwise than from the members of the Board but none shall be nor previously have been a doctor, dentist, ophthalmic optician or a pharmacist, or an employee of a person who is a doctor, dentist, ophthalmic optician or pharmacist.

• (1A) In the circumstances described in sub-paragraph (1B) the Pharmacy Practices Committee shall have an additional member appointed by the Board from persons nominated by the Area Medical Committee.

• (1B) The circumstances are where the premises that are the subject of the application are located in the same neighbourhood as premises from which a dispensing doctor dispenses.

• (2) Persons to act as deputies for, and corresponding in number to, each of those categories of person appointed pursuant to sub-paragraph (1) and, as the case may be, sub-paragraph (1A) shall, provided they satisfy the criteria specified in that sub-paragraph, be appointed by the Board and in the absence of any of those persons a deputy from the appropriate category shall be entitled to act in the absent person’s place.

• (3) If a nomination sought for the purposes of sub-paragraph (1)(b)(i) or (ii) or sub-paragraph (1A) above is not made before such date as the Board may determine, the Board may appoint as a member a person who satisfies the criteria specified in the relevant sub-paragraph.

• (4) The Board shall prepare and maintain lists of the persons who have been appointed, in accordance with paragraph 3(1)(a), (b)(i) or (ii), (c) or (1A), as the case might be, and who currently serve as members of the Pharmacy Practices Committee, and shall provide the Scottish Ministers with a copy of such lists from time to time.

Declaration of interest

4

• (1) Before any meeting of the Pharmacy Practices Committee begins the chair, or in the chair’s absence, the person acting as chair, shall ask the members intending to be present whether, in respect of any matter to be considered at the meeting, any of them–

• (a) has an interest to declare; or

• (b) is associated with a person who has any personal interest,

and any such member who has or, as the case may be, is associated with a person who has, any such interest shall disclose it accordingly.

• (2) Any member who has, pursuant to the provisions of sub-paragraph (1) above, disclosed an interest or who, in the opinion, expressed to the meeting, of the chair or in the chair’s absence, the person acting as chair as the case may be, should have disclosed such an interest, shall not be present at the consideration or discussion of that matter or the voting on it, and a deputy who has no such interest may act in that member’s place.

Quorum

5

No business shall be transacted at a meeting of the Pharmacy Practices Committee unless the chair or in the chair’s absence, the person acting as chair, one member appointed under each of paragraph 3(1)(b)(i) and (ii), and two other members appointed under paragraph 3(1)(c) are present.

Voting

6

• (1) Subject to sub-paragraphs (2), (3) and (4) below, every application considered by the Pharmacy Practices Committee shall be considered by all members present, but shall be determined only by a majority of votes of the members present who are entitled to vote.

• (2) Except in the circumstances set out in paragraph (4) only a member appointed by virtue of paragraph 3(1)(c) is entitled to vote.

• (3) A member appointed by virtue of paragraph 3(1)(b) or 3(1A) is not entitled to vote and shall withdraw immediately before a decision on an application by voting takes place.

• (4) The chair, or in the chair’s absence the person acting as chair, shall not be entitled to vote at any meeting except in the case of an equality of votes of the other persons present and voting, in which case the chair shall have a casting vote.

• (5) The Pharmacy Practices Committee shall within ten working days of taking its decision give written notification to the Board of that decision and the information required under paragraph 3(6) of Schedule 3.

Standing orders

7

Subject to the provisions of these Regulations, the Board may make, vary or revoke standing orders with respect to the terms of office of members of the Pharmacy Practices Committee, the procedure of that committee and the making of reports of its proceedings to the Board.

Vacancy

8

The proceedings of the Pharmacy Practices Committee shall not be invalidated by any vacancy in its membership, or any defect in a member’s appointment.

PART II — NATIONAL APPEAL PANEL

Nominees for the National Appeal Panel

9

• (1) The Board shall submit the names of its nominees for the National Appeal Panel to the Scottish Ministers and shall advise them from time to time of any changes in such nominees.

• (2) The persons nominated by the Board under sub-paragraph (1) must not be, nor have been previously, a doctor, dentist, ophthalmic optician or pharmacist nor a person employed by a doctor, dentist, ophthalmic optician or pharmacist.

Chair and Vice-Chair of National Appeal Panel

10

• (1) After consultation with all Health Boards, the Scottish Ministers shall appoint a Chair and a substitute Chair of the National Appeal Panel.

• (2) Each person so appointed—

• (a) shall be an advocate, a solicitor or a solicitor-advocate; but

• (b) shall not be, nor previously have been, a doctor, dentist, ophthalmic optician, pharmacist, or person, or employee of a person, whose name is on the pharmaceutical list.

• (3) Where the person appointed as Chair is unable for whatever reason to fulfil the duties of the Chair, the person appointed as substitute Chair shall take the place of that person and all references to the Chair in these Regulations shall be deemed to refer to the person appointed as substitute Chair

Membership

11

• (1) In any case in which paragraph 5(6) of Schedule 3 falls to be applied, the Scottish Ministers shall arrange to convene in accordance with this paragraph the National Appeal Panel, the members of which shall be drawn from–

• (a) the lists maintained, in accordance with paragraph 3(4), of persons falling within paragraph 3(1)(b)(i); and

• (b) the nominees proposed in accordance with paragraph 9.

• (2) No member of the National Appeal Panel shall be a member of–

• (a) the Board or the Pharmacy Practices Committee of the Board which considered the application; or

• (b) any Board which was notified in terms of paragraph 1(1)(d) of Schedule 3 and which submitted representations in accordance with that paragraph.

• (3) The National Appeal Panel shall consist of three members of whom—

• (a) one shall be chair appointed as provided for in paragraph 10;

• (b) one shall be a pharmacist; and

• (c) one shall be nominated by the Board under paragraph 9.

Declaration of interest

12

• (1) Before the start of any meeting of the National Appeal Panel the chair ... shall ask the members intending to be present whether, in respect of the appeal to be considered at the meeting, any of them–

• (a) has an interest to declare;

• (b) is associated with a person who has any personal interest,

and any such member who has or, as the case may be, is associated with the person who has, any such interest shall disclose it accordingly.

• (2) Any member who has, pursuant to the provisions of sub-paragraph (1) disclosed an interest or who, in the opinion, expressed to the meeting, of the chair ... should have disclosed such an interest, shall not be present at the consideration or discussion of that appeal or the voting on it.

Quorum

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Voting

14

Every appeal must be considered by all members of the National Appeal Panel convened for that purpose and determined by a majority of the votes of those members.

Decisions by the National Appeal Panel

15

• (1) The National Appeal Panel shall, within 5 working days of taking its decision, give written notification of that decision with reasons for it to the Board to whom the original application was made.

• (2) The Board shall—

• (a) within 5 working days of receipt of such notification, intimate to the applicant and all persons mentioned in paragraph 1 of Schedule 3 that decision and the reasons for it; and

• (b) within 5 working days of such intimation, publish that decision and the reasons for it on its website.

SCHEDULE 5 — REVOCATIONS

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995	S.I. 1995/414	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1996	S.I. 1996/840	The whole regulations
The National Health Services (General Medical Services, Pharmaceutical Services and Charges for Drugs and Appliances) (Scotland) Amendment Regulation 1996	S.I. 1996/1504	Regulation 3
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1997	S.I. 1997/696	The whole regulations
The National Health Service (Pilot Schemes for Person Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998	S.I. 1998/2224	Regulation 8
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1998	S.I. 1998/3031	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1999	S.S.I. 1999/57	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2001	S.S.I. 2001/70	The whole regulations
The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 2002	S.S.I. 2002/111	Regulation 2
The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2002	S.S.I. 2002/153	Regulation 2(2)
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2003	S.S.I. 2003/296	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2004	S.S.I. 2004/39	The whole regulations
The Primary Medical Services (Consequential and Ancillary Amendments) (Scotland) Order 2004	S.S.I. 2004/212	Schedule 1, paragraph 4
The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004	S.I. 2004/1771	Schedule, paragraph 43
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2005	S.S.I. 2005/327	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2005	S.S.I. 2005/618	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2006	S.S.I. 2006/143	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2006	S.S.I. 2006/245	The whole regulations
The National Health Service (Pharmaceutical Services (Scotland) Amendment (No. 3) 2006	S.S.I. 2006/320	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2007	S.S.I. 2007/208	The whole regulations
The Pharmacists and Pharmacy Technicians Order 2007	S.I. 2007/289	Schedule 1, Part 2, paragraph 18
The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 2) Regulations 2007	S.S.I. 2007/390	The whole regulations
The National Health Service (Pharmaceutical Services) (Scotland) Amendment (No. 3) Regulations 2007	S.S.I. 2007/500	The whole regulations
The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008	S.S.I. 2008/27	Schedule 3, paragraph 1
The National Health Service (Pharmaceutical Services, Charges for Drugs and Appliances and Charges to Overseas Visitors) (Scotland) Amendment Regulations 2009	S.S.I. 2009/177	Regulation 2

SCHEDULE 6 — CONSEQUENTIAL AMENDMENTS

National Health Service (General Dental Services) (Scotland) Regulations 1996

1

• (1) The National Health Service (General Dental Services) (Scotland) Regulations 1996[^f00049] are amended as follows.

• (2) In regulation 2 (interpretation), for the definition of “Drug Tariff” substitute–

• “Drug Tariff” means the statement prepared by the Scottish Ministers under regulation 12 of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009;

Nurses and Midwives (Part of and Entries in the Register) Order of Council in Session 2004

2

• (1) The Nurses and Midwives (Part of and Entries in the Register) Order of Council in Session 2004[^f00050] is amended as follows.

• (2) In article 1 (citation, commencement and interpretation), in the definition of “Drug Tariff” part (b) for “regulation 9 (payments to pharmacists and standards of drugs and appliances) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995” substitute “regulation 12 (payments to pharmacy contractors and standards of drugs and appliances) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009”.

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service (Discipline Committees) (Scotland) Regulations 2006

5

• (1) The National Health Service (Discipline Committees (Scotland) Regulations 2006[^f00053] are amended as follows.

• (2) In regulation 2 (interpretation) in the definition of “Pharmaceutical Services Regulations”, for “the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995” substitute “the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009”.

The Administrative Justice and Tribunals Council (Listed Tribunals) (Scotland) Order 2007

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008

7

• (1) The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008[^f00055] are amended as follows.

• (2) In regulation 2 (interpretation) in the entry for “terms of service” for “the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995” substitute “the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009”.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 14th May 2009

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 (“the 1995 Regulations”) and all subsequent amendments to them are revoked by regulation 17 and Schedule 5. These Regulations now regulate the terms on which pharmaceutical services are provided under the National Health Service (Scotland) Act 1978.

The “Drug Tariff” referred to in regulation 12 is published monthly as a web-based version at – http://www.isdscotland.org/isd/2245.html. An annual hard copy is published on 1st April each year. To be added to the mailing list for the hard copy distribution, email: evadis@isd.csa.scot.nhs.uk.

Amendments to the 1995 Regulations in this consolidation are largely minor or consequential drafting amendments. This includes a number of defined terms that have been added to, or updated, in regulation 2 (Interpretation and application).

The terms and conditions for pharmacists and pharmacy contractors (Schedule 1, paragraph 4) have been amended to include provisions relating to the provision of a Chronic Medication Service (CMS). CMS is the provision by a pharmacist of pharmaceutical care to patients with long term conditions who have registered with that pharmacist for the CMS.

The terms and conditions for pharmacists and pharmacy contractors also now include a requirement to keep appropriate records for at least seven years which must be made available for inspection on request by the Scottish Ministers, the relevant Health Board or the Common Services Agency. Pharmacy contractors must also designate a person engaged by them to hold responsibility for maintaining confidentiality of patient data (Schedule 1, paragraph 14).

A duty on Health Boards to consult with the public when determining applications to be included in the pharmaceutical list is now provided for in paragraph 2 of Schedule 3.

Footnotes

[^f00001]: 1978 c. 29. Section 2(5) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), Schedule 9, paragraph 19(1); section 27 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66) (“the 1986 Act”), section 3(3), by S.I. 1987/2202 and by the 1990 Act, Schedule 9, paragraph 19(7) and is to be read with the Health and Medicines Act 1988 (“the 1988 Act”), section 17; section 28(1) was amended by the 1986 Act, section 3(4); section 28(A) was inserted by the Health and Social Security Act 1984 (c. 48), section 7(2) and was amended by the 1988 Act, section 15; section 105(7) was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 9, paragraph 24; see section 108(1) for the definitions of “prescribed” and “regulations”; paragraph 11(b) of Schedule 1 was amended by the 1990 Act, Schedule 5, paragraph 7. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act (c.46).

[^f00002]: 2007 c. 15. The National Appeal Panel constituted under Part II of Schedule 4 to these Regulations is a listed tribunal for the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007, in terms of S.S.I. 2007/436.

[^f00003]: 1968 c. 67.

[^f00005]: Section 10 was amended by the 1980 Act, Schedule 6, paragraph 2, the 1990 Act, Schedule 10, paragraph 1, the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 44 and the Health and Social Care (Scotland) Act 2005 (asp 13) (“the 2005 Act”), Schedule 2, paragraph 2.

[^f00006]: Section 17N was inserted by the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”), section 4. The current directions are the “Directions as to the drugs, medicines or other substances which may, or may not, be ordered for patients in the provision of primary medical services under a general medical services contract” given on 18th March 2004, and published on Scottish Health on the Web (SHOW) at http://www.show.scot.nhs.uk/sehd/pca/PCA2004(M)11.pdf.

[^f00007]: Paragraph 40(2) was amended by S.I. 2007/206.

[^f00008]: Section 9 was amended by the 1990 Act, section 29(4) and (5) and the 1999 Act, Schedule 4, paragraph 43(a) and (b).

[^f00009]: Section 2(1)(a) was amended by the 1983 Act, Schedule 7, paragraph 1, the 1990 Act, section 28(a), the National Health Service Reform (Scotland) Act 2004 (asp 7), schedule 1, paragraph 1(2) and the 2005 Act, schedule 2, paragraph 2(2).

[^f00011]: Section 32D was inserted by the 2005 Act, section 27.

[^f00012]: 1978 c. 30, the definition of “registered medical practitioner” was amended by the Medical Act 1983 (c. 54), Schedule 5, paragraph 18.

[^f00013]: The definition of “electronic communication” was amended by the Communications Act 2003 (c. 21) Schedule 17, paragraph 158.

[^f00015]: S.S.I. 2006/330.

[^f00016]: O.J. No. L 311, 28.11.2001, p.67.

[^f00017]: Section 130 was amended by the Animal Health and Welfare Act 1984 (c. 40), Schedule 1, paragraph 3 and S.I. 1994/3119, 2005/50 and 2006/2407.

[^f00019]: S.I. 2002/253 to which there are no relevant amending instruments.

[^f00020]: 1989 c. 44; section 7 was amended by S.I. 2005/848.

[^f00023]: 1997 c. 46.

[^f00025]: S.I. 1976/1213 (N.I. 22).

[^f00026]: Section 69 was amended by the Statute Law (Repeals) Act 1993 (c. 50), Schedule 1, Part XII, and S.I. 1976/1213 (N.I. 22), 2007/289 and 3101.

[^f00027]: Section 74 was amended by the Statute Law (Repeals) Act 1993, Schedule 1, Part XII.

[^f00028]: Paragraph 40(2) was amended by S.S.I. 2007/206.

[^f00031]: Sections 32A and 32B were inserted by section 8 of the National Health Service (Amendment) Act 1995 (c. 31).

[^f00032]: Section 29 was amended by the Health and Social Security Act 1984, Schedule 8, Part I and by the National Health Service (Amendment) Act 1995, sections 7 and 9 and the Schedule.

[^f00033]: S.S.I. 2004/38. Regulation 26 was amended by S.S.I. 2004/122 and 2006/122.

[^f00034]: Section 29B(2) was added by the 1999 Act, section 58, and amended by the Community Care and Health (Scotland) Act 2002 (asp 5), Schedule 2, paragraph 2, the 2004 Act, Schedule 1, paragraph 1, and the 2005 Act, section 26(4) and schedule 3.

[^f00035]: Section 30(2) and (5) was substituted by the 1999 Act, section 58, and amended by the 2005 Act, Schedule 3.

[^f00036]: Section 32B(1) was inserted by the 1999 Act, section 65 and Schedule 4, paragraph 52, and amended by the 2005 Act, schedule 3.

[^f00037]: S.I. 1995/414, amended by S.I. 1996/840 and 1504, 1997/696, 1998/2224 and 3031, S.S.I. 1999/57, 2001/70, 2002/111, 2003/296, 2004/39 and 212, S.I. 2004/1771, S.S.I. 2005/327 and 618, 2006/143, 245 and 320, S.I. 2007/289 and S.S.I. 2007/208, 390 and 500 and 2008/27.

[^f00038]: “The Drug Tariff is published monthly as a web-based version at http://www.isdscotland.org/isd/2245.html. An annual hard copy is published on 1st April each year. To be added to the mailing list for the hard copy distribution, email: evadis@isd.csa.scot.nhs.uk”.

[^f00040]: 1971 c. 38.

[^f00041]: S.I. 2001/398. Schedule 5 was amended by S.I. 2005/2864.

[^f00042]: Schedule 4 was amended by S.I. 2003/1432, 2005/3372 and 2007/2154.

[^f00046]: 1985 c. 72.

[^f00048]: SS.I. 2001/302. Amended by S.S.I. 2004/212 and 2005/108.

[^f00049]: S.S.I. 1996/177.

[^f00050]: S.I. 2004/1765.

[^f00053]: S.S.I. 2006/330.

[^f00055]: S.S.I. 2008/27.

Records

Professional standards

Editorial notes

[^key-27b6c620eaad71075111164481a0998a]: Reg. 1 in force at 1.7.2009, see reg. 1

[^key-901292a7b3495fad905359aa83acbf2f]: Reg. 17 in force at 1.7.2009, see reg. 1

[^key-93f7b1280305f2eae38fbc9ffc502725]: Reg. 18 in force at 1.7.2009, see reg. 1

[^key-f1ca11d22594ad528cca3cbd4d3ec168]: Reg. 8 in force at 1.7.2009, see reg. 1

[^key-6de3018ccc19a51736f7b902d4526ba8]: Reg. 9 in force at 1.7.2009, see reg. 1

[^key-cad06c8507c9b266ec61ac4ffb7ed3b0]: Reg. 11 in force at 1.7.2009, see reg. 1

[^key-0685b4eb20d7fb1a058616778c5d918b]: Reg. 15 in force at 1.7.2009, see reg. 1

[^key-3963592bfbd4452ba1f00a0116f87469]: Reg. 2 in force at 1.7.2009, see reg. 1

[^key-7b56f9167657134d75af80e5ed3360ec]: Sch. 1 para. 4 in force at 1.7.2009, see reg. 1

[^key-4adab7c372f3dd348975e9bbdeaecaa5]: Sch. 1 para. 10 in force at 1.7.2009, see reg. 1

[^key-cc22b82f29068c3bbadfb456217d8952]: Reg. 3 in force at 1.7.2009, see reg. 1

[^key-ed31023bdb6cfed81850e017728d8e69]: Reg. 4 in force at 1.7.2009, see reg. 1

[^key-0843a8b30e664797184e491cae2c7990]: Reg. 5 in force at 1.7.2009, see reg. 1

[^key-e3c6e3d5b8d3c8fa4b421e27cda7a7f5]: Reg. 6 in force at 1.7.2009, see reg. 1

[^key-5012981f5a126bb6af56f95fa3ffca7b]: Reg. 7 in force at 1.7.2009, see reg. 1

[^key-efe1275f0f9ee3f75a34e3dfdf3ffcf5]: Reg. 10 in force at 1.7.2009, see reg. 1

[^key-46a56bfec2e339dde6baa10e26580033]: Reg. 12 in force at 1.7.2009, see reg. 1

[^key-368022c546ecac08ad9a85e3fa035bf0]: Reg. 13 in force at 1.7.2009, see reg. 1

[^key-fd1b57e2549226bf768540c521479714]: Reg. 14 in force at 1.7.2009, see reg. 1

[^key-a6f9e97229749087c5f54fd006b1a72c]: Reg. 16 in force at 1.7.2009, see reg. 1

[^key-0b1a9e00d0f2cff71df6a6a8ee4eea5f]: Sch. 1 para. 1 in force at 1.7.2009, see reg. 1

[^key-a803cfe5a29bfad69090fe72c7df8e35]: Sch. 1 para. 2 in force at 1.7.2009, see reg. 1

[^key-e39378bfaf524008c476b68de55ff587]: Sch. 1 para. 3 in force at 1.7.2009, see reg. 1

[^key-9cc942a6e7e5a548f0136c327e4eb0ed]: Sch. 1 para. 5 in force at 1.7.2009, see reg. 1

[^key-0b6eaf9a476bea02b0a5d1b7f97d72d4]: Sch. 1 para. 6 in force at 1.7.2009, see reg. 1

[^key-9a0c097546ccc480aa19230ff2fc7c50]: Sch. 1 para. 7 in force at 1.7.2009, see reg. 1

[^key-0e17728c1dfe520492e9d213e7cbbc48]: Sch. 1 para. 8 in force at 1.7.2009, see reg. 1

[^key-a83dddd6c724fe7a8624a099c5caf78b]: Sch. 1 para. 9 in force at 1.7.2009, see reg. 1

[^key-87279f005aee91f8020578db0a6274c4]: Sch. 1 para. 11 in force at 1.7.2009, see reg. 1

[^key-78d483b90afa809a64acbd35cc290410]: Sch. 1 para. 12 in force at 1.7.2009, see reg. 1

[^key-75916f9e150fb6b89bbb0a7f6fa25598]: Sch. 1 para. 13 in force at 1.7.2009, see reg. 1

[^key-57502c396d2813616957ead94c18ce6f]: Sch. 1 para. 14 in force at 1.7.2009, see reg. 1

[^key-ce074ffeab327662722ee33e3f390d30]: Sch. 1 para. 15 in force at 1.7.2009, see reg. 1

[^key-e8fa899ea216237a8a444799df870d0c]: Sch. 3 para. 1 in force at 1.7.2009, see reg. 1

[^key-36a24a4b026a95751de300d32b1cd42f]: Sch. 3 para. 2 in force at 1.7.2009, see reg. 1

[^key-f13b20f0e05188a538b3e930ffaa4c36]: Sch. 3 para. 3 in force at 1.7.2009, see reg. 1

[^key-8bc4dd9a4bd5c256d98ed6ff3c32d0de]: Sch. 3 para. 4 in force at 1.7.2009, see reg. 1

[^key-02da20a2d5bd7d1c2b528af6df24a9c6]: Sch. 3 para. 5 in force at 1.7.2009, see reg. 1

[^key-ea67bb36012c1d927a71a7dfc2a4ee8d]: Sch. 4 para. 1 in force at 1.7.2009, see reg. 1

[^key-b999cb5058d2258d909031d2733af14a]: Sch. 4 para. 2 in force at 1.7.2009, see reg. 1

[^key-19eec7aeaecdfa96daf0c938efabc7ec]: Sch. 4 para. 3 in force at 1.7.2009, see reg. 1

[^key-d0166fd15fdaad98041aa4faedef94cd]: Sch. 4 para. 4 in force at 1.7.2009, see reg. 1

[^key-a5706f9310f299389c24b929e33b4fce]: Sch. 4 para. 5 in force at 1.7.2009, see reg. 1

[^key-14f24fc1a66a508835b500496cd9d287]: Sch. 4 para. 6 in force at 1.7.2009, see reg. 1

[^key-e3bfe2eff41a6c1c298153efec2905dc]: Sch. 4 para. 7 in force at 1.7.2009, see reg. 1

[^key-ba56b546a8a66add04f5b16393e3e7f0]: Sch. 4 para. 8 in force at 1.7.2009, see reg. 1

[^key-dce0f45cd6637a22acf11ecadd9ff22a]: Sch. 4 para. 9 in force at 1.7.2009, see reg. 1

[^key-896647ca04cfc8329520446bbe119b08]: Sch. 4 para. 10 in force at 1.7.2009, see reg. 1

[^key-2c7993cb0026f5fadb4bb0ca7373a2a4]: Sch. 4 para. 11 in force at 1.7.2009, see reg. 1

[^key-c8ae08527a982eaa4fa48748cb2620c3]: Sch. 4 para. 12 in force at 1.7.2009, see reg. 1

[^key-eb86ba0dc149993170de83b64a762cf3]: Sch. 4 para. 13 in force at 1.7.2009, see reg. 1

[^key-21adbc192527c64f7d7f773d28a525b1]: Sch. 4 para. 14 in force at 1.7.2009, see reg. 1

[^key-6c09467d9cf5d5cca1858aecf241e670]: Sch. 4 para. 15 in force at 1.7.2009, see reg. 1

[^key-e53cfce0aa0a70e7eaed9d578152d5ca]: Sch. 6 para. 1 in force at 1.7.2009, see reg. 1

[^key-f7b8b24267dd98d25877f742647ff00d]: Sch. 6 para. 2 in force at 1.7.2009, see reg. 1

[^key-b0f504ec0e11f4ff4dbdab8a44fa5cd0]: Sch. 6 para. 5 in force at 1.7.2009, see reg. 1

[^key-d1465d682147453770b535d150953d4a]: Sch. 6 para. 6 in force at 1.7.2009, see reg. 1

[^key-30f0ce8432b0efa8067f8b6648ad469c]: Sch. 6 para. 7 in force at 1.7.2009, see reg. 1

[^key-48bbbf5b08726e3d8a4da882edf550aa]: Sch. 5 in force at 1.7.2009, see reg. 1

[^key-82d9230ae5f47192a5373ca9f7023454]: Sch. 2 in force at 1.7.2009, see reg. 1

[^key-82a8bb17caa9c6c8bbcde0d0343d9fb6]: Word in reg. 9(1) substituted (1.7.2009) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/209), regs. 1, 2(3)

[^key-1eee4bbce4e4b0c0f3ab1be4db6c4dd5]: Word in reg. 11(5) substituted (1.7.2009) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/209), regs. 1, 2(4)

[^key-92f2fb4d2389ef47c3384bcf0f1652f3]: Word in reg. 15(1)(e) substituted (1.7.2009) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/209), regs. 1, 2(5)

[^key-ae82b981c08c99fb7e48fca77d6210fe]: Sch. 1 para. 4(2) substituted (1.7.2009) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/209), regs. 1, 2(6)

[^key-622a6048bc31d7b040054e1cd4bf51b2]: Word in sch. 1 para. 4(10) substituted (1.7.2009) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/209), regs. 1, 2(7)

[^key-54bde6ea645fedcb03beadf4bd3520e0]: Sch. 6 para. 1(2) substituted (1.7.2009) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/209), regs. 1, 2(9)(a)

[^key-1ff395a04d8e19f65190a8b6a32b810c]: Sch. 6 para. 2(2) substituted (1.7.2009) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2009 (S.S.I. 2009/209), regs. 1, 2(9)(b)

[^key-6e43211cf1e2a776088fc06ae64434dc]: Sch. 1 para. 4(1A) inserted (1.5.2010) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/128), regs. 1, 2

[^M_F_078d4bb8-3e38-48a8-ef07-dac288fa7faa]: Words in reg. 2(1) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 70(a) (with Sch. 5); S.I. 2010/1621, art. 2(1), Sch.

[^key-79a41970ae7354701713a37778a2e518]: Words in reg. 2(1) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 70(b) (with Sch. 5); S.I. 2010/1621, art. 2(1), Sch.

[^key-836a48c7942d6d3c313fd207177ba6ce]: Sch. 2 substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 7 (with reg. 10)

[^key-b695e41fdc8a7a0183fc7994f7a9a71c]: Sch. 3 para. 2A inserted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(3) (with reg. 10)

[^key-85ee74507f4981e746e3d4e59d86eb55]: Sch. 3 para. 6 inserted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(7) (with reg. 10)

[^key-463e7022ed34d6980506d8735f5ca6c5]: Word in reg. 2(1) omitted (1.4.2011) by virtue of The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (S.S.I. 2011/55), reg. 1, sch. para. 7(2)(a)(i)

[^key-a3aa5225a41a6cb24def465faedbe96c]: Words in reg. 2(1) omitted (1.4.2011) by virtue of The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (S.S.I. 2011/55), reg. 1, sch. para. 7(2)(a)(ii)

[^key-8894d270e30758efffaafb4f04977915]: Words in reg. 2(1) substituted (1.4.2011) by The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (S.S.I. 2011/55), reg. 1, sch. para. 7(2)(b)

[^key-7b65111b1b8330fadfd3d21743fd04db]: Words in reg. 2(1) inserted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 3 (with reg. 10)

[^key-d87c9769aa64725ae18d3ea3cd0d6d31]: Words in reg. 5(2) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 4(2) (with reg. 10)

[^key-6aec602858ce26b1d40040957f5c4c25]: Reg. 5(2A)-(2E) inserted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 4(3) (with reg. 10)

[^key-21d54e4a673b6247f5bb6daab458366f]: Word in reg. 5(6) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 4(4) (with reg. 10)

[^key-d9280b58ab20cad4aeb9094ecdf1d69c]: Reg. 5(9) omitted (1.4.2011) by virtue of The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 4(5) (with reg. 10)

[^key-ba65db6705e0c493bdb0933277382b71]: Reg. 5(10A) inserted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 4(6) (with reg. 10)

[^key-5be8cba3c9faa22be55695c5df33c0f0]: Reg. 5(11) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 4(7) (with reg. 10)

[^key-b7b38cb491ab0a6f9abafa8668411960]: Reg. 8(2)(a)(ab) substituted for reg. 8(2)(a) (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 5(a) (with reg. 10)

[^key-5f986eb19144148832b58189f0a01575]: Words in reg. 8(4) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 5(b) (with reg. 10)

[^key-2631592bd4269d1a7ebbbc5839a30aad]: Reg. 15(1)(ba) inserted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 6 (with reg. 10)

[^key-849f4599cbfc7e317b205ac7c095c8e1]: Sch. 1 para. 4(1)(b) and words substituted (1.4.2011) by The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (S.S.I. 2011/55), reg. 1, sch. para. 7(3)(a)

[^key-b3bace932d9aa785e24fd7bc9e2a37cb]: Sch. 1 para. 4(1B) inserted (1.4.2011) by The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (S.S.I. 2011/55), reg. 1, sch. para. 7(3)(b)

[^key-b64293a45bb9522624e9679832de8ba8]: Sch. 1 para. 4(14) substituted (1.4.2011) by The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (S.S.I. 2011/55), reg. 1, sch. para. 7(3)(c)

[^key-a345c19e28617bfc5e113a0828c5961b]: Sch. 3 para. 4 substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(5) (with reg. 10)

[^key-2d8bbeb3bebbde57c9f720b04549d902]: Sch. 3 para. 5(2A)(2B) inserted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(6)(a) (with reg. 10)

[^key-16e2eb7e7666d8051ddaca03ef6e89b2]: Sch. 3 para. 5(3) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(6)(b) (with reg. 10)

[^key-ddca7d0a6af61e5e4944e010f73b4123]: Words in sch. 3 para. 5(4) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(6)(c) (with reg. 10)

[^key-123741cf815ca562cb993dd96bf0b384]: Sch. 3 para. 5(5) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(6)(d) (with reg. 10)

[^key-b46a444f01fb3aec729dc27fabdfe342]: Sch. 3 para. 5(7) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(6)(e) (with reg. 10)

[^key-e7110cdfa628b4d5f67c6ccd7dc3bb84]: Sch. 3 para. 5(8) omitted (1.4.2011) by virtue of The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 8(6)(f) (with reg. 10)

[^key-62a017170510d2a53f6f448f01d9a37f]: Words in sch. 4 para. 3(1)(b)(i) substituted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 9(2) (with reg. 10)

[^key-f042801ecb720b5a434c1e165fbe7ef8]: Sch. 4 para. 3(1A)(1B) inserted (1.4.2011) by The National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/32), regs. 1, 9(3) (with reg. 10)