National Health Service (Scotland) Act 1978

Pharmaceutical servicesS

27 Arrangements for provision of pharmaceutical services.S

(1)It shall be the duty of every Health Board to make, in accordance with regulations, arrangements as respects its area for the [F1provision] to persons who are in that area of—

(a)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

[F2(b) proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by that Board [F3 or by an NHS trust ] of dental services; and

(c) 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 . . .

[F5(cc)[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]

[F7(d)such services as may be prescribed,]]

and the [F8provision of drugs, medicines, appliances and services in accordance with the arrangements is][F9together with additional pharmaceutical services provided in accordance with a direction under section 27A, referred to in this Act] as “pharmaceutical services”.

In this subsection—

• “listed” means included in a list for the time being approved by the Secretary of State for the purposes of this subsection;

• “the health service for England and Wales” and “the Northern Ireland health service” mean respectively the health service established in pursuance of section 1 of the M1National Health Service Act 1946 or any service provided in pursuance of Article 4(a) of the M2Health and Personal Social Services (Northern Ireland) Order 1972.

[F10(1A)The descriptions of persons which may be prescribed for the purposes of subsection (1)(cc) are the following, or any sub-category of such a description—

[F11(a)persons who are registered in the register maintained under article 5 of [F12the Health and Social Work Professions Order 2001];]

(b)persons who are registered pharmacists;

[F13(c)persons who are registered in the dental care professionals register established under section 36B of the Dentists Act 1984;]

(d)persons who are ophthalmic opticians;

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

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

[F14(g)persons who are registered nurses or registered midwives;]

(h)persons [F15not 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);

(i)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.

(1B)A determination under subsection (1)(cc) may—

(a)make different provision for different cases;

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

(c)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.]

[F16(1C)Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999).]

[F17( 2 )Regulations shall provide for securing that arrangements made by a Health Board under subsection (1) will enable persons in the Board’s area for whom drugs, medicines or appliances mentioned in that subsection are ordered as there mentioned [F18, or to whom services mentioned in subsection (1)(d) are to be provided,] to receive them from persons with whom such arrangements have been made.

(3)The regulations shall include provision—

(a)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;

(b)that an application to a Health Board for inclusion in such a list shall be made in the prescribed manner and shall state—

(i)the [F19pharmaceutical] services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply; and

(ii)the premises from which he will undertake to provide those services;

(c)that, except in prescribed cases—

(i)an application for inclusion in such a list by a person not already included; and

(ii)an application by a person already included in such a list for inclusion also in respect of [F19pharmaceutical] services or premises other than those already listed in relation to him,

shall be granted only if the Health Board is satisfied, in accordance with the regulations, that it is necessary or desirable to grant it in order to secure in the neighbourhood in which the premises are located the adequate provision by persons included in the list of the services, or some of the services, specified in the application; and

(d)for the removal of an entry in respect of premises from a list if it has been determined in the prescribed manner that the person to whom the entry relates—

(i)has never provided from those premises; or

(ii)has ceased to provide from them, the [F19pharmaceutical] services, or any of the services, which he is listed as undertaking to provide from them.

(4)The regulations may include provision—

(a)that an application to a Health Board may be granted in respect of some only of the [F19pharmaceutical] services specified in it;

(b)that an application to a Health Board relating to [F19pharmaceutical] 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 [F19pharmaceutical] services as may be prescribed;

[F20(ba) that an application to a Health Board by a person who qualified to have his name registered [F21 in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland ] 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. ]

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

(d)that, where the premises from which an application states that the applicant will undertake to provide [F19pharmaceutical] 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 [F22prescribed criteria]; and

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

(5)The regulations shall include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of subsection (3) or (4).

(6)The regulations shall be so framed as to preclude—

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

(b)an employee of such a person;

from taking part in the decision whether an application such as is mentioned in subsection (3)( c ) above should be granted or an appeal against such a decision brought by virtue of subsection (5) above should be allowed. ]

[F2327A Arrangements for providing additional pharmaceutical services.S

(1)The Secretary of State may—

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

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

(2)Directions under this section may make different provision in relation to different services specified in the directions.

(3)The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he thinks appropriate.

(4)In this section—

• “additional pharmaceutical services”, in relation to directions, means such services (of a kind that do not fall within section 27) as may be specified in the directions; and

• “Drug Tariff” means the Drug Tariff published under regulation 9 of the M3National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 or under any corresponding provision replacing, or otherwise derived from, that regulation.]

[F2427B Terms and conditions etc.S

(1)Directions under section 27A may require the Health Authority to whom they apply, when making arrangements—

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

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

(2)The arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.

(3)Different arrangements may be made with respect to—

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

(b)the provision of the same service by different persons.

(4)A Health Authority must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.

(5)After making any arrangements, a Health Authority must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.

(6)In this section, “pharmaceutical list” means, subject to any provision of the directions in question, a list—

(a)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

(b)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.]

28 Persons authorised to provide pharmaceutical services.S

(1)Except as may be provided by [F25or under] regulations, no arrangements shall be made by a Health Board with a medical practitioner or dental practitioner under which he is required or agrees to provide pharmaceutical services to any person to whom he is rendering [F26primary medical services under Part 1] or general dental services.

(2)Except as may be provided by [F27or under] regulations, no arrangements for the dispensing of medicines [F28or the provision of pharmaceutical services] shall be made with persons other than persons who are registered pharmacists or are persons lawfully conducting a retail pharmacy business in accordance with section 69 of the M6Medicines Act 1968, and who undertake

[F29(a)] that all medicines [F30provided] by them under the arrangements made under this Part shall be dispensed [F31, and

(b) that

[F32(i)] all services mentioned in section 27(1)(d) provided by them under those arrangements

[F33(ii)all additional pharmaceutical services provided in accordance with a direction under section 27A,]

shall be provided] either by, or under the direct supervision of, a registered pharmacist.

[F34(2A)Regulations shall provide for the preparation and publication by a Health Board of one or more lists of medical practitioners who undertake to supply drugs and appliances in the Board’s area.

(2B)The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.]

[F35(2C)Where—

(a)arrangements have been made under this Part with a registered pharmacist; and

(b)the registration of that pharmacist is suspended by virtue of any direction or order under the Pharmacy Order 2010,]