The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995

Signed

Fraser of Carmyllie — Minister of State, Scottish Office — 21st February 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate, with amendments, those provisions of the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulation 1974 (“the 1974 Regulations”) which relate to pharmaceutical services. The provisions of the 1974 Regulations which relate to general medical services are consolidated in the National Health Service (General Medical Services) (Scotland) Regulations 1995 (S.I. 1995/416). The 1974 Regulations and all subsequent amendments to them are revoked by regulation 13 and Schedule 5. These Regulations now regulate the terms on which pharmaceutical services are provided under the National Health Service (Scotland) Act 1978.

The main amendments, apart from minor or consequential drafting amendments are:

• (a) the inclusion of powers in regulation 7 to allow Health Boards to cancel or amend contracts for the provision of domiciliary oxygen therapy services, and

• (b) provision in Schedule 3 to require that the Scottish Committee of the Council on Tribunals is notified of all National Appeal Panel hearings and that a member of the Committee may be present at any hearing.

Footnotes

[^f00001]: 1978 c. 29; section 2(5) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), Schedule 9, paragraph 19(1); section 19 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 7, paragraph 2, by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a) and by the 1990 Act, section 37 and is to be read with the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 17; section 20(1) was amended by the 1980 Act, Schedule 6, paragraph 3 and S.I. 1981/432; section 23(2A) was inserted by and sub-section (4) amended by the 1990 Act, section 39(2) and (3); section 24 was amended by the 1990 Act, section 39(7); section 27 was amended by the 1980 Act, section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66) (“the 1986 Act”), section 3(3), by S.I. 1987/2202 and by the 1990 Act, Schedule 9, paragraph 19(7) and is to be read with the 1988 Act, section 17; section 28(1) was amended by the 1986 Act, section 3(4); section 28A was inserted by the Health and Social Security Act 1984 (c. 48), section 7(2) and was amended by the 1988 Act, section 15; section 105(7) was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the 1983 Act, Schedule 9, paragraph 24; see section 108(1) for the definitions of “prescribed” and “regulations”; paragraph 11(b) of Schedule 1 was amended by the 1990 Act, Schedule 5, paragraph 7.

[^f00002]: 1988 c. 49.

[^f00003]: 1992 c. 53.

[^f00004]: S.I. 1995/416.

[^f00005]: See S.I. 1995/416, regulation 4.

[^f00006]: 1968 c. 67: section 130 was amended by the Animal Health and Welfare Act 1984 (c. 40), section 13 and Schedule 1, paragraphs 3(7), 3(8), 3(9) and 3(10).

[^f00007]: Section 103(5) was amended by the Health and Medicines Act 1988 (c. 49), section 22(6).

[^f00008]: S.I. 1989/326, to which there are amendments not relevant to these Regulations.

[^f00009]: 1938 c. 73.

[^f00010]: 1968 c. 49; Part IV was amended by the Registered Establishments (Scotland) Act 1987 (c. 40).

[^f00011]: 1984 c. 36.

[^f00012]: 1954 c. 61; section 4A was inserted by S.I. 1987/2202, Article 2(4).

[^f00013]: S.I. 1992/434, amended by S.I. 1994/3038.

[^f00014]: S.I. 1982/218, amended by S.I. 1985/1077, 1986/10 and 1704, and 1992/2293.

[^f00015]: S.I. 1985/2066, amended by S.I. 1986/2330, 1988/916, 1989/1460, 1990/2487 and 2630.

[^f00016]: 1985 c. 72.

[^f00017]: 1971 c. 38.

[^f00018]: Section 29 was amended by the Health and Social Security Act 1984 (c. 48), Schedule 8, Part I.

[^f00019]: S.I. 1991/809, to which there is an amendment not relevant to these Regulations.