The National Health Service (Pharmaceutical Services) (Remuneration for Persons providing Pharmaceutical Services) (Amendment) (Wales) Regulations 2007

• Citation: S.I. 2007/1112 (W.)
• Sections: 11

Section 1 Title, commencement and application

(1) The title of these Regulations is the National Health Service (Pharmaceutical Services) (Remuneration for persons providing Pharmaceutical Services) (Amendment) (Wales) Regulations 2007.

(2) These Regulations come into force immediately following the coming into force of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 on 1 April 2007.

(3) These Regulations apply in relation to Wales.

Section 2 Interpretation

In these Regulations—

“the Charges for Drugs and Appliances Regulations ” means the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007;

“the Indicative Amounts Regulations ” means the National Health Service (Indicative Amounts) Regulations 1997 ;

“the Prescribed Functions Regulations ” means the National Health Service (Payments by Local Authorities to Health Authorities) (Prescribed Functions) (Wales) Regulations 2001 ;

“the principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 .

Section 3 Amendment of regulation 2 of the principal Regulations

In regulation 2(1) of the principal Regulations (interpretation), in the appropriate place in the alphabetical order, insert—

“the 2006 Act ” means the National Health Service (Wales) Act 2006 ;

Section 4 Substitution of regulation 18 of the principal Regulations

For regulation 18 of the principal Regulations (standards of, and payments for, drugs and appliances) substitute—

Provisions relating to determinations under section 88 of the 2006 Act

(18) With regard to determining remuneration under section 88 of the 2006 Act—

(a) determinations under that section by the National Assembly for Wales (the aggregate of the determinations made by the National Assembly for Wales, acting as a determining authority, is known as “the Drug Tariff”) may be made by reference to rates or conditions of remuneration of any persons or any description of persons which are fixed or determined, or will be fixed or determined, otherwise than by way of a determination under that section;

(b) determinations under that section by the National Assembly for Wales may be made by reference to scales, indices or formula of any kind, and where a determination falls to be made by reference to any such scale, index or formula, the determination may provide that the relevant price calculation is to be made by reference to the scale, index or formula which is—

(i) in the form current at the time of the determination, and

(ii) in any subsequent form taking effect after that time;

(c) determining authorities may make determinations which take effect in relation to remuneration in respect of a period beginning on or after the date specified in the determination, which may be the date of the determination or an earlier or later date, but it may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates;

(d) where a determination included in the Drug Tariff does not specify a date as mentioned in paragraph (c), it will have effect in relation to remuneration in respect of the period beginning on the date on which the change to the Drug Tariff is published;

(e) the National Assembly for Wales will publish the Drug Tariff, and any amendments to it, in such format as it thinks fit (including, as regards publishing any amendments, by publishing a consolidated version of the Drug Tariff with the amendments included in it) and at such intervals as it thinks fit (having regard to the provisions of paragraphs (c) and (d);

(f) consultation pursuant to section 89(1) by a determining authority prior to the inclusion of or a change to the price of a drug or appliance will be by way of consultation on the process for determining the price to be included or changed, not on the proposed price itself (unless it is impossible to carry out an effective consultation in any other way);

(g) where the National Assembly for Wales states in the Drug Tariff that the determining authority for a particular fee, allowance or other remuneration is to be the Local Health Board of the chemist to whom the remuneration relates—

(i) the Local Health Board must consult the relevant Local Pharmaceutical Committee before making the determination; and

(ii) the determination made by the Local Health Board must include the arrangements for claiming the remuneration and will be published by the Local Health Board in such manner as it thinks suitable for bringing the determination to the attention of the chemists on its pharmaceutical list; and

(h) payments under—

(i) the Drug Tariff must be made by the Local Health Board, in accordance with arrangements for claiming and making payments which are to be set out in the Drug Tariff, and

(ii) a determination mentioned in paragraph (g) must be made by the Local Health Board, in accordance with arrangements for claiming and making payments set which are to be set out in the determinations,

but are in either case to be subject, as appropriate, to any deduction that may or must be made from the remuneration of a chemist under these Regulations, the 2006 Act or any other Regulations under the 2006 Act.

Section 5 Amendment of regulation 18A of the principal Regulations

In regulation 18A of the principal Regulations (payments to suspended chemists), omit paragraph (4).

Section 6 Amendment of regulation 22 of the principal Regulations

In regulation 22(1)(e) of the principal Regulations (publication of particulars), for the words “determinations made by the Health Authority by virtue of regulation 18(1A)” substitute “determinations made by the Local Health Board as a consequence of regulation 18(g)”.

Section 7 Amendment of regulation 24 of the principal Regulations

In regulation 24(1) of the principal Regulations (claims and overpayments), for the words “made by the Health Authority by virtue of regulation 18(1A)” substitute “made by the Local Health Board as a consequence of regulation 18(g).”.

Section 8 Amendment of paragraph 22 of Schedule 2 to the principal Regulations

In paragraph 22(4) of Schedule 2 to the principal Regulations (matters to be considered when issuing directions in respect of pharmacy opening hours), for the words “under the Drug Tariff” substitute “in accordance with a determination made as a consequence of regulation 18(g)”.

Section 9 Amendment of the Indicative Amounts Regulations

In regulation 1(2) of the Indicative Amounts Regulations (interpretation), for the definition of “Drug Tariff”, substitute—

“Drug Tariff” means the aggregate of the determinations made by the National Assembly for Wales which are published in accordance with regulation 18(e) of the National Health Service (Pharmaceutical Services) Regulations 1992 (provisions relating to determinations);

Section 10 Amendment of the Prescribed Functions Regulations

In regulation 2(2) of the Prescribed Functions Regulations (prescribed functions of Health Authorities in Wales), for sub-paragraph (d) substitute the following sub-paragraph—

(d) the provision of appliances which are not listed in Part IX of Drug Tariff which is published in accordance with regulation 18(e) of the National Health Service (Pharmaceutical Services) Regulations 1992 (provisions relating to determinations).

Section 11 Amendment of the Charges for Drugs and Appliances Regulations

In regulation 2(1) of the Charges for Drugs and Appliances Regulations (interpretation), for the definition of Drug Tariff, substitute the following definition—

“Drug Tariff (“ Tariff Cyffuriau ”) means the aggregate of the determinations made by the National Assembly for Wales which are published in accordance with regulation 18(e) of the National Health Service (Pharmaceutical Services) Regulations 1992 (provisions relating to determinations);