
2015 No. 915
National Health Service, England
The National Health Service (Amendments to Primary Care Terms of Service relating to the Electronic Prescription Service) Regulations 2015
Made 24th March 2015
Laid before Parliament 27th March 2015
Coming into force 1st July 2015
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 85, 89(1) and (2)(a), (c) and (d), 94(1) and (3)(f), 126, 129, 132, and 272(7) and (8) of, and paragraph 3(1) and (3)(c) and (f) of Schedule 12 to, the National Health Service Act 2006.
Citation and commencement
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These Regulations may be cited as the National Health Service (Amendments to Primary Care Terms of Service relating to the Electronic Prescription Service) Regulations 2015 and come into force on 1st July 2015.
Amendment of Schedule 6 to the National Health Service (General Medical Services Contracts) Regulations 2004
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Amendment of Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 2004
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(1) Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 2004 (other contractual terms) is amended as follows.
(2) In paragraph 38 (which relates to prescribing)—
(a) in sub-paragraph (4)(a), omit “non-electronic”; and
(b) in sub-paragraph (5), omit “non-electronic”.
(3) In paragraph 38A (electronic prescriptions), in sub-paragraph (1)(c)—
(a) in sub-paragraph (i), for “Schedule 4 or 5” substitute “Schedules 2 to 5”, and at the end of that sub-paragraph insert “or”; and
(b) omit sub-paragraph (ii).
(4) In paragraph 41 (restrictions on prescribing by medical practitioners), after sub-paragraph (2) insert the following sub-paragraph—“
(2A) Where, pursuant to sub-paragraph (1) or (2), a drug, medicine or other substance is prescribed under a private arrangement, if the order is to be transmitted as an electronic communication to a chemist for the drug, medicine or substance to be dispensed—
(a) if the order is not for a drug for the time being specified in Schedule 2 or 3 to the Misuse of Drugs Regulations 2001, it may be transmitted by the Electronic Prescription Service; but
(b) if the order is for a drug for the time being specified in Schedule 2 or 3 to the Misuse of Drugs Regulations 2001, it must be transmitted by the Electronic Prescription Service.”.
Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
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(1) The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 are amended as follows.
(2) In paragraph 5 of Schedule 4 (terms of service of NHS pharmacists – essential services – dispensing of drugs and appliances), in sub-paragraph (4), for “Schedule 4 or 5” substitute “Schedules 2 to 5”.
(3) In paragraph 2 of Schedule 6 (terms of service of dispensing doctors – dispensing of drugs and appliances ordered by another prescriber), in sub-paragraph (4), for “Schedule 4 or 5” substitute “Schedules 2 to 5”.
(4) In paragraph 3 of Schedule 7 (mandatory terms for LPS schemes – dispensing), in sub-paragraph (3), for “Schedule 4 or 5” substitute “Schedules 2 to 5”.
Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State
Department of Health
24th March 2015