Entry to the Pharmaceutical List A Regulatory Framework

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 In force 31 March 1995

NHSS CLO NHS Circular : Gen (1987) 14 a mechanism whereby the number of premises with NHS contracts for the provision of pharmaceutical services…would be determined as closely as possible by reference to the needs of the local population for those services….the main determinant of whether an additional contract for new premises would be awarded..

NHSS CLO The 1995 Regulations Regulations 1 – 13 Schedules 1 – Terms of Service for Pharmacists 2 – Forms 3 – Procedure on Applications under Regulation 5 (10) 4 – Part 1 – PPC, Part 2 – NAP

NHSS CLO Regulations 5 and 6 5 (1) – The Pharmaceutical List 5(2) – Forms 5(10) – The provision of pharmaceutical services at the premises named on the application is necessary or desirable in order to secure adequate provision of pharmaceutical services in the neighbourhood in which the premises are located… 6 – Provisional Pharmaceutical List

NHSS CLO 5 (10) – Procedures Schedule 3:- 1 – Receipt and Notification of Applications 2 – Determination of Applications 3 – Notification of Decisions 4 - Appeals

NHSS CLO Determining the Application Schedule 3 – para 2 Determine as thinks fit Information and representations to take into account Discretion

NHSS CLO The Importance of the Written Decision Information considered Legal test properly applied Voice of the PPC - no representation at NAP hearing Considered by NAP and, possibly, Court

NHSS CLO Schedule 4 – part 1 1 – Establishment of the PPC 2 – Functions – Regulation 5(10) and Schedule 3 Para 2 3 – Membership 4 – Declaration of interest 5 – Quorum 6 – Voting Schedule 4 – part 2 - NAP

NHSS CLO The Key Role of Members Preparation for the hearing Conduct of the hearing The process of decision making