National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1990
| Jurisdiction | UK Non-devolved |
1990 No. 2509 (S.211)
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment (No.2) Regulations 1990
Made 10th December 1990
Laid before Parliament 11th December 1990
Coming into force 1st January 1991
The Secretary of State, in exercise of the powers conferred on him by sections 19, 27, 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 19781and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(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 19742.
Amendments to the principal Regulations
2. 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);”.
Amendments to regulation 28 of the principal Regulations
3.—(1) Regulation 28 (Pharmaceutical list)3of 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)”.
Amendments to regulation 28A of the principal Regulations
4.—(1) For paragraph (2) of regulation 28A of the principal Regulations (Provisional Pharmaceutical List)4, 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...
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