Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Amendment) Regulations 2008 and come into force on 21st April 2008.

(2) These Regulations apply in relation to England.

(3) In these Regulations, the “principal Regulations” means the National Health Service (Pharmaceutical Services) Regulations 2005( 2 ).

Insertion of new regulation 56A in the principal Regulations

2. After regulation 56 (provisions relating to determinations under section 164 of the 2006 Act) of the principal Regulations, insert—

“ Information to be provided in respect of remuneration for persons providing pharmaceutical services

56A. —(1) For the purpose of regulation 56(b)(iv) (determinations may be made by reference to specified data), the data to which reference may be made may include information obtained pursuant to paragraph (2) by the Secretary of State or a person nominated by the Secretary of State (“the nominee”).

(2) A pharmacist shall, on request, provide the Secretary of State or the nominee within 30 days with information (for example invoices) which the Secretary of State considers to be relevant to matters the Secretary of State may take into account for the purposes of making the Secretary of State’s determination under section 164 of the 2006 Act.

(3) For the purposes of paragraph (2), the Secretary of State may appoint any person to—

(a) act as the Secretary of State’s nominee; and

(b) handle and process the information obtained,

and the Secretary of State may require that such information be obtained, handled or processed in such manner as he may specify.

(4) Before appointing any person to act as the Secretary of State’s nominee and handle and process information, the Secretary of State must consult such organisations as he considers appropriate that appear to him to represent persons providing pharmaceutical services. ” .

Amendment of Schedule 1 to the principal Regulations

3. In Schedule 1 to the principal Regulations (terms of service of pharmacists)—

(a) in sub-paragraph (2)(a)(i) of paragraph 26 (clinical governance), omit the words “, and make available in an appropriate manner,”, and insert after “practice leaflet”, the words “containing approved particulars”; and

(b) in sub-paragraph (1)(a) of paragraph 28 (inducements etc. ), for the words “non-electronic prescription form or non-electronic repeatable prescription” substitute “prescription form or repeatable prescription”.

Amendment of Schedule 4 to the principal Regulations

4. In paragraph 2 (details of applicant) of Part 1 of Schedule 4 to the principal Regulations (information to be included in an application for inclusion in a Pharmaceutical List or inclusion in a List in respect of different services or premises), after the word “superintendent” omit “(where known)”.