proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the health service for England and Wales, the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony), and

proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by that Board F3or by an NHS trust of dental services; and

listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by him of general dental services; F4. . .

F6such drugs and medicines and such listed appliances as may be determined by the Scottish Ministers for the purposes of this paragraph which are ordered for those persons by a prescribed description of F6person in accordance with such conditions, if any, as may be prescribed, in pursuance of functions in the health service, the health service for England and Wales, the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony); and

such services as may be prescribed,

persons who are registered in the register maintained under article 5 of the Health Professions Order 2001;

persons who are registered pharmacists;

persons who are registered in the dental care professionals register established under section 36B of the Dentists Act 1984;

persons who are ophthalmic opticians;

persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21);

persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17);

persons who are registered nurses or registered midwives;

persons F14not mentioned above who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8);

any other description of persons which appears to the Scottish Ministers to be a description of persons whose profession is regulated by or under a provision of, or made under, Northern Ireland legislation and which the Scottish Ministers consider it appropriate to specify.

make different provision for different cases;

provide for the circumstances or cases in which a drug, medicine or appliance may be ordered;

provide that persons falling within a description specified in the determination may exercise discretion in accordance with any provision made by the determination in ordering drugs, medicines and listed appliances.

for the preparation and publication by a Health Board of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the Board’s area;

that an application to a Health Board may be granted in respect of some only of the F17pharmaceutical services specified in it;

that an application to a Health Board relating to F17pharmaceutical services of a prescribed description shall be granted only if it appears to the Board that the applicant has satisfied such conditions with regard to the provision of those F17pharmaceutical services as may be prescribed;

that an application to a Health Board by a person who qualified to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the Board that he has the knowledge of English which, in the interests of himself and the persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the Board’s area.

that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;

that, where the premises from which an application states that the applicant will undertake to provide F17pharmaceutical services are in an area of a prescribed description, the applicant shall not be included in the list unless his inclusion is approved by a prescribed body and by reference to F19prescribed criteria; and

that the prescribed body may give its approval subject to conditions.

a person included in a list published under subsection (3)(a) above; and

an employee of such a person;

give directions to a Health Board requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; or

by giving directions to a Health Board authorise them to arrange for such provision if they wish to do so.

to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;

to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.

the provision of the same service by the same person but in different circumstances; or

the provision of the same service by different persons.

published by the Health Authority concerned, or by any other Health Authority, in accordance with regulations made under section 27(2)(a) of this Act; or

published by any body in accordance with regulations made under section 42(2)(a) of the M4National Health Service Act 1977or Article 63(2A)(a) of the M5Health and Personal Social Services (Northern Ireland) Order 1972.

that all medicines F28provided by them under the arrangements made under this Part shall be dispensed F29, and