
1 

(1) These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 1997 and shall come into force on 1st April 1997.
(2) In these Regulations, “the principal Regulations” means the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995.
2 
In regulation 5 of the principal Regulations (pharmaceutical list) paragraph (2)(b)(iii) is deleted.
3 

(1) Regulation 9 of the principal Regulations (payments to pharmacists and standards of drugs and appliances) shall be amended as follows.
(2) The existing provision will be renumbered as regulation 9(1).
(3) In paragraph (1), as renumbered, after the words “and which” there shall be inserted the words “(subject to paragraph (2))”.
(4) After paragraph (1) there shall be inserted the following paragraphs:–“
(2) The Drug Tariff may state in respect of any specified fee falling within paragraph (1)(c), or any other specified fee, allowance or other remuneration in respect of the provision of pharmaceutical services by pharmacists included in the pharmaceutical list of a Board, that the determining authority for that fee, allowance or other remuneration for those pharmacists is the Board, and in such a case paragraphs (3), (4) and (5) shall apply.
(3) The Board shall consult such body as it considers representative of pharmacist contractors in its area before making any determination by virtue of paragraph (2).
(4) A determination made by the Board by virtue of paragraph (2) shall include the arrangements for claiming the specified fees, allowances or other remuneration and may provide that the pharmacist contractor requires to have prior authority from the Board to provide a specified service and associated drugs.
(5) A determination made by the Board by virtue of paragraph (2) shall be notified in writing to all pharmacist contractors included in its pharmaceutical list.”.
4 
In regulation 11(1) of the principal Regulations (publication of particulars), at the end of sub-paragraph (d) there shall be inserted–“and
(e) determinations made by the Board by virtue of regulation 9(2),”.
5 
In paragraph 1 of Schedule 1 to the principal Regulations (interpretation) in sub-paragraph (a) after the words “dentist” there shall be added “(i)” and at the end there shall be added “or (ii) to enable the transmission of electronic data only for the purposes of calculating dispensing fees or other sums payable in respect of the supply of drugs and appliances;”.
6 
In Form A in Schedule 2 to the principal Regulations (application for inclusion in the pharmaceutical list - for use by pharmacists) in paragraph 4 delete the words “Supplying a domiciliary oxygen therapy service YES/NO”.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
7th March 1997