The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1990

• Citation: S.I. 1990/2509
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1990 and shall come into force on 1st January 1991.

(2) In these Regulations “the principal Regulations ” means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 .

Section 2 Amendments to the principal Regulations

In regulation 2 (interpretation) of the principal Regulations after the definition of “medical records” there shall be inserted the following:—

“minor relocation” has the meaning given by regulation 28(3C);

Section 3 Amendments to regulation 28 of the principal Regulations

(1) Regulation 28 (Pharmaceutical list) of the principal Regulations shall be amended in accordance with the provisions of this regulation.

(2) At the end of paragraph (2) there shall be inserted the words “or, in the case of an application to which the applicant proposes that paragraph (3A) should apply, Form A (MR) set out in Part III of that Schedule”.

(3) For paragraph (3) there shall be substituted the following paragraphs:—

(3) Where an application is made and—

(a) the applicant intends to provide the same pharmaceutical services from premises from which, at the time of the application, another person whose name is included in the pharmaceutical list provides those services, in place of that person, and

(b) the condition specified in paragraph (3B) is fulfilled,

the Board shall grant the application.

(3A) Where an application is made and—

(a) the applicant intends to relocate to new premises, within the neighbourhood in which he provides pharmaceutical services, from the premises already listed in relation to him, and to provide from those new premises the same pharmaceutical services which he is listed as providing from his existing premises,

(b) the Board is satisfied that the relocation is a minor relocation, and

(c) the condition specified in paragraph (3B) is fulfilled,

the Board shall grant the application.

(3B) The condition referred to in paragraphs (3)(b) and (3A)(c) is that in either case the provision of the particular pharmaceutical services by the applicant will not be interrupted, except for any period during which, in terms of any scheme made under regulation 29(2) that applies to him, or any such longer period as the Board may for good cause allow, the provision of such services is not required.

(3C) In this regulation the reference to a minor relocation is to one where there will be no significant change in the neighbourhood population in respect of which pharmaceutical services are provided by the applicant and other circumstances are such that there will be no appreciable effect on the pharmaceutical services provided by the applicant or any other person whose name is included in the pharmaceutical list of the Board.

(3D) Before satisfying itself that a relocation is a minor relocation the Board shall seek and take into account the views of the Area Pharmaceutical Committee and of the Chief Administrative Pharmaceutical Officer of the Board.

(3E) In the case of an application to which paragraph (3A)(a) applies, where the Board is not satisfied that the relocation is a minor relocation, it shall not grant the application but shall notify the applicant in writing of its decision and of its reasons.

(3F) Nothing in this regulation shall preclude or prevent an applicant from making an application in accordance with Form A or Form A(MR) in circumstances where the applicant considers that paragraph (3A) may apply to such an application.

(4) In paragraph (4) for the words “paragraph (3)” there shall be substituted the words “paragraph (3) or (3A)”.

Section 4 Amendments to regulation 28A of the principal Regulations

(1) For paragraph (2) of regulation 28A of the principal Regulations (Provisional Pharmaceutical List) , there shall be substituted the following:—

(2) Where in any application under paragraph (2) of regulation 28 to which paragraph (3A) or (4) of that regulation applies—

(a) any one or more of the statements in paragraph 2(b) of Form A or, as the case may be, Form A(MR), is negative, and

(b) the Board is satisfied on the basis of such information as may be submitted with the application that the applicant intends to commence business at the premises specified in the application in the event of his name being included in the pharmaceutical list,

the Board, in the case of an application to which paragraph 28(4) applies, shall notify and otherwise deal with the application in accordance with regulation 28(4) and Schedule 3A or, in the case of an application to which paragraph (3A) of that regulation applies, shall deal with it in accordance with that paragraph and in either case where the Board grants the application the Board may include the name of the applicant in the provisional pharmaceutical list for its area.

(2) In paragraph (4) of that regulation after the words “Form A” there shall be inserted the words “or, as the case may be, Form A(MR)”.

Section 5 Amendments to Schedule 2A to the principal Regulations

In Schedule 2A to the principal Regulations (drugs and other substances not to be supplied by general medical practitioners or prescribed for supply under pharmaceutical services) —

(a) the following shall be deleted:—

“Trifyba”; and

(b) each of the following entries shall be inserted at the appropriate point in the alphabetical order:—

Amplex Mouthwash

Amplex Original Mint Capsules

Best Royal Jelly Capsules

Bisodol Extra Tablets

Boots Hard Lens Soaking Solution

Canderel Intense Sweetener Spoonful

Clerz Lubricating and Rewetting Eye Drops

Codalax

Codalax Forte

Copholcoids

Country Basket Rice Cakes

Cranberry Juice

Deltasoralen Bath Lotion

Dispirin Extra Tablets

Elgydium Toothpaste

Formulix

Goat’s Milk Spray Dried Powder

Healthilife Sunflower Seed Oil Capsules 500 mg

Importal

Lavender Bath

Lemsip Expectorant

Lemsip Linctus

Miraflow Cleaning Solution

Nilbite

Oxysept 1 Disinfecting Solution

Oxysept 2 Rinsing, Neutralising and Storing Solution

Panadol Extra Tablets

Pantene Hair Tonic

Pholcomed D Linctus

Pholcomed Pastilles

Plax Anti-Plaque Pre-Brushing Rinse

Poli-grip Denture Fixative Cream

Prymecare Tablets for Soft and Gas Permeable Lenses

Prymeclean Cleaning Solution for Soft Lenses

Prymesoak Soaking Solution for Soft Lenses

Rite-Diet Macaroni in Mushroom Sauce, Low Protein/Gluten Free

Rite-Diet Spaghetti with Tomato Sauce, Low Protein/Gluten Free

Rosemary Bath

Selsun Soft Conditioner

Sensodyne Toothpaste

Sionon Sweetener

Spectraban 4 Lotion

Temazepam Gelthix Capsules

Temazepam Planpak

Unichem Chesty Cough Linctus

Unichem Children’s Dry Cough Linctus

Unichem Dry Cough Linctus

Vagisil Feminine Powder

Zendium Toothpaste

Section 6 Amendments to Part III of Schedule 3 to the principal Regulations

(1) Part III of Schedule 3 to the principal Regulations shall be amended in accordance with the provisions of this regulation.

(2) In Form A (Application for inclusion in the Pharmaceutical List) the provisions of paragraph 5b(iii) shall be deleted.

(3) After Form A there shall be inserted a new Form A (MR) as follows:—

FOR USE BY CHEMISTS

APPLICATION FOR MINOR RELOCATION OF PHARMACY PREMISES

(4) Forms B and C shall be amended by the insertion after the words “Form A” wherever they occur of the words “/Form A(MR)**” and by the addition of a footnote as follows:—

**Delete the words which do not apply.

(5) Form D shall be amended as follows :-

(a) after the words “Form A” there shall be inserted the words “/Form A(MR)*”;

(b) For the words from “Entry of your name” to “given on Form A.” there shall be inserted the words—

Entry of your name in the pharmaceutical list cannot be confirmed until you have submitted Form B as respects the matters in relation to which you were unable to make affirmative statements in paragraph 2(b) of Form A/Form A(MR).*

(6) At the end there shall be added the words “*Delete the words which do not apply.”.

Section 7 Amendments to Schedule 3A to the principal Regulations

(1) Schedule 3A to the principal Regulations (Provisions further to regulation 28) shall be amended in accordance with this regulation.

(2) In sub-paragraph (4) of paragraph 2 for the words “paragraph (3)” there shall be substituted the words “sub-paragraph (3)”.

(3) At the beginning of sub-paragraph (1) of paragraph 4 there shall be inserted the words “Subject to sub-paragraph (1A),”.

(4) After sub-paragraph (1) of paragraph 4 there shall be inserted a new sub-paragraph as follows:-

(1A) 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.

(5) In paragraph 11(5) for the word “five” there shall be substituted the word “ten”.

Section 8 Transitional provisions

Where on or before 31st December 1990 an application has been made to which regulation 28 of the principal Regulations applies, or an appeal has been intimated in terms of paragraph 4 of Schedule 3A to the principal Regulations, such application or such appeal shall be dealt with in accordance with the principal Regulations as in force immediately before the coming into force of the amendments effected by these Regulations and as if these Regulations were not in force in relation to that application or that appeal.