UK Offence Report

The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulations 2010 (revoked)

Welsh Statutory Instrument 2010 No. 868 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
18 March 2010
In force from
1 April 2010
Extent
Not stated
Subject
Education, social security, pensions and public services
Made under
National Health Service (Wales) Act 2006

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make amendments to the National Health Service (Pharmaceutical Services) Regulations 1992 (“the principal Regulations”) in respect of the terms of service for pharmacists and suppliers of appliances. Regulation 2 of the Regulations amends certain definitions and inserts new definitions into regulation 2(1) of the principal Regulations. Regulation 3 of the Regulations contains amendments to the terms of service for pharmacists, which are set out in Schedule 2 to the principal Regulations. Regulation 4 of the Regulations removes certain definitions in paragraph 1(2) of Schedule 2 which have been amended and are now in regulation 2(1) of the principal Regulations. Regulation 5 of the Regulations amends paragraph 6 of Schedule 2 so as to add appliances to the items that can, if certain conditions are met, be dispensed without a prescription by a pharmacist in an urgent case — and to remove the requirement that the prescriber be personally known to the pharmacist. Regulation 6 of the Regulations amends paragraph 9 of Schedule 2 so that pharmacists providing an appliance on a repeat prescription must satisfy themselves that there has been no change in a patient’s use of the appliance which calls for a review of treatment. Regulation 7 of the Regulations adds to paragraph 10 of Schedule 2 a number of additional activities that must be carried out by a pharmacist when dispensing appliances. Regulation 8 of the Regulations inserts a new paragraph 10A into Schedule 2 setting out what pharmacists must do when dispensing “specified appliances”. They must provide a home delivery service for these appliances and must ensure that appropriate advice is given as to their use. Regulation 9 of the Regulations amends paragraph 18 of Schedule 2 to require pharmacists to refer prescription forms or repeatable prescriptions, or to give contact details of other pharmacists or suppliers of appliances, in any case where providing a particular appliance or providing stoma appliance customisation is not within their normal course of business. Regulation 10 of the Regulations inserts sub-paragraph (1A) into paragraph 21 of Schedule 2 in relation to supplementary opening hours. Regulation 11 of the Regulations amends paragraph 25 of Schedule 2 in relation to clinical effectiveness programmes. Regulation 12 of the Regulations inserts a new paragraph 24A into Schedule 2 in respect of emergency opening hours. Regulation 13 of the Regulations amends paragraph 27 of Schedule 2 to prohibit gifts or rewards where a pharmacist provides no additional services other than referring a prescription onward or providing contact details of persons who are able to provide a particular service. Regulation 14 of the Regulations amends paragraph 42 of Schedule 2 to ensure that Local Health Boards can check on arrangements concerning the provision of appliances which are made between a pharmacist and a third party. Regulation 15 of the Regulations and the Schedule inserts a new Schedule 2A in to the principal Regulations in relation to terms of service for suppliers of appliances. Regulation 16 of the Regulations contains transitional provision allowing existing contractors to choose, until the end of 31 December 2010, to comply with the previous version of their terms of service, as set out in the relevant Schedule to the principal Regulations.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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