text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003 and shall come into force on 7th May 2003.
2
These Regulations apply to England only .
3
The National Health Service (Pharmaceutical Services) Regulations 1992 are amended in accordance with the provisions of Part I of these Regulations.
4
The National Health Service (General Medical Services) Regulations 1992 are amended in accordance with the provisions of Part II of these Regulations.
5
The National Health Service (Charges for Drugs and Appliances) Regulations 2000 are amended in accordance with the provisions of Part III of these Regulations.
PART I
AMENDMENT OF THE NATIONAL HEALTH SERVICE (PHARMACEUTICAL SERVICES) REGULATIONS 1992
Amendment of regulation 2
2
In regulation 2 (interpretation), in paragraph (1) —
a
for the definition of “Charges Regulations” substitute —
“ Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000;
;
b
in the definition of “prescription form”, at the end insert “and does not include a repeatable prescription;”; and
c
after the definition of “Remission of Charges Regulations”, insert the following definitions —
“repeat dispensing chemist” shall be construed in accordance with regulation 16B(1);
“repeat dispensing services” means pharmaceutical services which involve the provision of drugs or appliances by a chemist in accordance with a repeatable prescription;
“repeatable prescription” means a prescription contained in a form provided by a Primary Care Trust and issued by a doctor to enable a person to obtain pharmaceutical services or local pharmaceutical services, which is in the format specified in Part 1 of Schedule 6B to the Medical Regulations, and which —
is generated by a computer but signed by a doctor; and
indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;
.
Amendment of regulation 4
3
In regulation 4 (pharmaceutical lists) —
a
in paragraph (1), for “supplemental services under regulation 16” substitute “additional professional services under regulation 16A or repeat dispensing services under regulation 16B”; and
b
in paragraph (2)(b)(iii), after “pharmaceutical services” insert “(other than repeat dispensing services)”.
Amendment of regulation 12
4
In regulation 12 (determination of applications in respect of controlled localities), in paragraph 4A , for sub-paragraph (c) substitute —
c
any representations received by the Primary Care Trust from —
i
any person specified in paragraph (1)(a), (b) or (e) or paragraph (2)(a) or (b),
ii
a chemist or LPS chemist who was notified of the application pursuant to paragraph (1)(c) or paragraph (2)(c), or
iii
any Health Authority or Primary Care Trust which was notified of the application pursuant to paragraph (1)(d), in so far as those representations relate to a chemist or LPS chemist.
.
Amendment of regulation 16A
5
In regulation 16A (additional professional services), in paragraph (2)(c)(i), for “regulation 6(1)(c) of the National Health Service (Charges for Drugs and Appliances) Regulations 1989” substitute “regulation 7(1)(c) of the Charges Regulations”.
Insertion of regulation 16B
6
After regulation 16A insert the following regulation —
Repeat dispensing services
16B
1
A chemist may provide repeat dispensing services if —
a
he satisfies the conditions in paragraph (2); and
b
he has undertaken, in accordance with paragraphs (3) and (4), to provide repeat dispensing services,
and a chemist who satisfies the requirements of sub-paragraphs (a) and (b) is referred to in these Regulations as a repeat dispensing chemist.
2
The conditions referred to in paragraph (1)(a) are that the chemist —
a
is not a supplier of appliances only;
b
is included in the pharmaceutical list of a Primary Care Trust specified in Schedule 3A; and
c
is not participating in a pilot scheme on the use of electronic prescribing as described in regulation 2A .
3
A chemist who wishes to provide repeat dispensing services must notify the Primary Care Trust in whose pharmaceutical list he is included, in writing, that he undertakes to provide those services, and that he intends to begin to provide them on a specified date.
4
The date specified by a chemist pursuant to paragraph (3) must be —
a
the first day of any specified month; and
b
at least one week after the date on which the Primary Care Trust receives the notification specified in paragraph (3).
5
A chemist may not provide repeat dispensing services unless he is a repeat dispensing chemist.
.
Amendment of regulation 18
7
In regulation 18 (standards of, and payments for, drugs and appliances), in paragraph (1)(g), after “supply of drugs and appliances” insert “, repeat dispensing services”.
Amendment of regulation 18B
8
In regulation 18B (reward scheme), in paragraph (1) —
a
after “paragraph 3(1)”, in the first place it appears, insert “or paragraph 3(1ZA)”;
b
in sub-paragraph (i), for “immediately informed the Health Authority or Primary Care Trust of this action” substitute “informed the Primary Care Trust of this action as soon as practicable”;
c
for sub-paragraph (ii) substitute —
ii
he provided the drugs and medicines or listed appliances pursuant to paragraph 3(1) or paragraph 3(1ZA) but had reason to believe at that time or subsequently came to have reason to believe that the order was not a genuine order for the person named on the prescription form and informed the Primary Care Trust of this belief as soon as practicable,
; and
d
at the end, add “and the Primary Care Trust has established that the order referred to in this paragraph was not a genuine order for the person named on the prescription form.”.
Amendment of Schedule 2
9
1
Schedule 2 is amended as follows.
2
In paragraph 1 (interpretation) —
a
the provisions of paragraph 1 are re-numbered as sub-paragraph (1); and
b
after sub-paragraph (1) add —
2
In this Schedule —
“associated batch issue” means, in relation to a repeatable prescription, one of the batch issues relating to that prescription and containing the same date as that prescription;
“batch issue” means a form provided by a Primary Care Trust and issued by a doctor at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services (or to enable an LPS chemist to receive payment for the provision of services corresponding to repeat dispensing services), which is in the format specified in Part 2 of Schedule 6B to the Medical Regulations, and which —
is generated by a computer and not signed by a doctor;
relates to a particular repeatable prescription and contains the same date as that prescription;
forms part of a sequence of batch issues, the number of batch issues being equal to the number of occasions on which the drugs or appliances ordered on the repeatable prescription may be provided; and
specifies a number denoting its place in the sequence referred to in paragraph (c); and
“repeatable prescribing doctor” means —
a repeatable prescribing doctor as construed in accordance with regulation 33A(1) of the Medical Regulations;
a doctor who, in accordance with a pilot scheme, is named in a notification referred to in direction 12A of the Health Authorities and Primary Care Trusts Implementation of Pilot Schemes (Personal Medical Services) Directions 2002 ; or
a doctor who acts on behalf of a doctor specified in paragraph (a) or (b).
3
In this Schedule, drugs or appliances shall be taken to be requested or provided in accordance with a repeatable prescription even if the person who wishes to obtain pharmaceutical services does not present that prescription, as long as —
a
the chemist has that prescription in his possession; and
b
that person presents, or the chemist has in his possession, an associated batch issue.
.
3
In paragraph 3 (provision of pharmaceutical services) —
a
in sub-paragraph (1)(bb), after “doctor” insert “or a supplementary prescriber”;
b
after sub-paragraph (1) insert —
1ZA
Subject to sub-paragraph (1B) and paragraph 3A(4), (7), (8) and (9), where any person —
a
presents a repeatable prescription which contains —
i
an order for drugs, not being Scheduled drugs or controlled drugs within the meaning of the Misuse of Drugs Act 1971 , other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001 , signed by a repeatable prescribing doctor,
ii
an order for a drug specified in Schedule 11 to the Medical Regulations, not being a controlled drug within the meaning of the Misuse of Drugs Act 1971, other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001, signed by, and endorsed on its face with the reference “SLS” by, a repeatable prescribing doctor,
iii
an order for appliances, not being restricted availability appliances, signed by a repeatable prescribing doctor, or
iv
an order for a restricted availability appliance, signed by, and endorsed on its face with the reference “SLS” by, a repeatable prescribing doctor,
and also presents an associated batch issue; or
b
requests the provision of drugs or appliances in accordance with a repeatable prescription of a kind specified in paragraph (a),
a repeat dispensing chemist shall, with reasonable promptness, provide the drugs so ordered, and such of the appliances so ordered as he supplies in the normal course of his business, in accordance with the directions contained in that repeatable prescription.
;
c
in sub-paragraph (1A), after “prescription form” insert “or repeatable prescription, or requesting the provision of drugs or appliances in accordance with a repeatable prescription,”;
d
in sub-paragraph (1B) —
i
after “prescription form” insert “or repeatable prescription”, and
ii
after “paragraph 3(1)” insert “or paragraph 3(1ZA)”;
e
for sub-paragraph (1C) substitute —
1C
Before providing any drugs or appliances in accordance with a prescription form or a repeatable prescription —
a
the chemist shall ask any person who makes a declaration that the person named on the prescription form or the repeatable prescription does not have to pay the charges specified in regulation 3(1) or (1A) of the Charges Regulations by virtue of either —
i
entitlement to exemption under regulation 7(1) of the Charges Regulations, or
ii
entitlement to remission of such charges under regulation 3 of the Remission of Charges Regulations,
to produce satisfactory evidence of such entitlement, unless the declaration is in respect of entitlement to exemption by virtue of sub-paragraph (a), (c), (d), (e), (f) or (g) of regulation 7(1) of the Charges Regulations or in respect of entitlement to remission by virtue of regulation 4(2)(e), (f) or (q) of the Remission of Charges Regulations, and at the time of the declaration the chemist already has such evidence available to him; and
b
if no satisfactory evidence is produced to the chemist (and, where it is relevant, none is already available to him as mentioned in paragraph (a)) the chemist shall endorse the form on which the declaration is made to that effect.
;
f
in sub-paragraph (3), for “prescription form, signed as specified in sub-paragraph (1)” substitute “prescription form or a repeatable prescription, signed as specified in sub-paragraph (1) or (1ZA)”;
g
in sub-paragraph (4) —
i
for “Misuse of Drugs Regulations 1985” substitute “Misuse of Drugs Regulations 2001”, and
ii
after “prescription form” insert “or repeatable prescription”;
h
in sub-paragraph (6) —
i
for “Misuse of Drugs Regulations 1985” substitute “Misuse of Drugs Regulations 2001”, and
ii
after “prescription form” insert “or repeatable prescription”;
i
in sub-paragraph (9) —
i
after “prescription form”, in both places, insert “or repeatable prescription”, and
ii
in paragraph (b), for “Misuse of Drugs Regulations 1985” substitute “Misuse of Drugs Regulations 2001”;
j
in sub-paragraph (10), after “prescription form” insert “or repeatable prescription”;
k
in sub-paragraph (11), after “prescription form” insert “or repeatable prescription”;
l
in sub-paragraph (14), after “prescription form” insert “or repeatable prescription”; and
m
after sub-paragraph (14) add —
15
If a person presents a repeatable prescription to a chemist who is not a repeat dispensing chemist, that chemist shall provide that person with the names and addresses of at least two pharmacies where he may obtain repeat dispensing services or (in the case of an LPS chemist) services corresponding to repeat dispensing services.
16
If a person wishes to obtain repeat dispensing services from a chemist (chemist A), but his repeatable prescription is held by a different chemist or LPS chemist (chemist B), chemist A shall inform the person that he must return to chemist B to obtain repeat dispensing services (or, where chemist B is an LPS chemist, services corresponding to repeat dispensing services).
17
A chemist shall secure that any pharmacist employed by him in connection with the provision of pharmaceutical services complies with the requirements set out in this paragraph.
.
4
After paragraph 3 (provision of pharmaceutical services), insert —
Provision of repeat dispensing services
3A
1
A repeat dispensing chemist who is a pharmacist may personally dispense drugs or appliances in accordance with a repeatable prescription only if he has received training appropriate to the provision of repeat dispensing services.
2
When he provides drugs or appliances in accordance with a repeatable prescription, a repeat dispensing chemist shall endorse the repeatable prescription to show —
a
the quantity of drug provided or the number of appliances provided; and
b
the date on which the drug or appliance is provided,
and, on the first occasion on which he provides drugs or appliances in accordance with a particular repeatable prescription, shall stamp that prescription with the chemist’s stamp.
3
A repeat dispensing chemist shall store securely at the premises from which he provides pharmaceutical services —
a
repeatable prescriptions;
b
batch issues relating to drugs or appliances which have been provided; and
c
if requested to do so, batch issues relating to drugs or appliances which have not yet been provided,
until such time as he is required, in accordance with the Drug Tariff, to send the repeatable prescription or batch issue to the Prescription Pricing Authority .
4
A repeat dispensing chemist shall not provide any drugs or appliances in accordance with a repeatable prescription —
a
after the period of one year has elapsed since the date of the repeatable prescription; or
b
where the doctor who issued the repeatable prescription has marked on it an earlier expiry date, after that date.
5
A repeat dispensing chemist shall destroy any batch issues relating to drugs or appliances which —
a
are not required; or
b
should not be provided because —
i
the chemist has been notified to that effect by the doctor who issued those batch issues, or
ii
the repeatable prescription to which those batch issues relate has expired.
6
Before providing any drugs or appliances in accordance with a repeatable prescription, a repeat dispensing chemist shall refer to that prescription and shall make inquiries in order to satisfy himself —
a
that the person named on the repeatable prescription —
i
is taking or using, and is likely to continue to take or use, the drugs or appliances appropriately, and
ii
is not suffering any side effects which lead the repeat dispensing chemist to conclude that the repeatable prescription ought to be reviewed; and
b
that there are no other reasons why the drugs or appliances should not be provided.
7
If a repeat dispensing chemist is not satisfied as mentioned in sub-paragraph (6), or at any other time has reason to be concerned about the safety or appropriateness of a person receiving drugs or appliances ordered on a repeatable prescription —
a
he shall, if he considers it appropriate, do one or both of the following —
i
inform the person that he should make an appointment to see his doctor, and
ii
contact the doctor who issued the prescription as soon as is practicable; and
b
he may refuse to provide the drugs or appliances so ordered until he is so satisfied, and if he has refused to provide the drugs or appliances, he shall inform the doctor who issued that prescription of that fact as soon as is practicable.
8
A repeat dispensing chemist shall provide drugs or appliances in accordance with a repeatable prescription only at the intervals specified in that prescription; and if the repeatable prescription does not specify intervals, the repeat dispensing chemist shall use his professional expertise to determine the intervals at which the drugs or appliances should be provided.
9
Where a person —
a
requests the provision of drugs or appliances in accordance with a repeatable prescription which he believes to be held by a repeat dispensing chemist, but that chemist has no record of that prescription;
b
requests the provision of drugs or appliances in accordance with a repeatable prescription, but does not present (and the chemist does not have in his possession) any associated batch issues;
c
presents a repeatable prescription which is not signed by a repeatable prescribing doctor; or
d
requests the provision of drugs or appliances in accordance with a batch issue which contains an irregularity (for example the drug or dosage specified in the batch issue differs from that specified in the repeatable prescription to which that batch issue relates),
the repeat dispensing chemist shall refuse to provide the drugs or appliances in question, and shall advise the person to contact the doctor who issued the prescription or batch issue as soon as possible.
10
A repeat dispensing chemist shall secure that any pharmacist employed by him in connection with the provision of repeat dispensing services complies with the requirements of this paragraph.
.
5
In paragraph 5 (provision of drugs and fitting of appliances), in sub-paragraph (2) —
a
after “paragraph 3(1)” insert “or paragraph 3(1ZA)”; and
b
after “prescription form” insert “or repeatable prescription”.
6
In paragraph 8 (remuneration of chemists), after sub-paragraph (2A) insert —
2B
The Primary Care Trust shall make such payments, if any, as are provided for by the Drug Tariff (or by any determination made by virtue of regulation 18(1A)) to chemists who provide repeat dispensing services.
.
7
In paragraph 11B, in sub-paragraph (a) —
a
for “regulation 3(1) of the Charges Regulations” substitute “regulation 4(1) of the Charges Regulations”;
b
in head (i), for “regulation 6(1) of the Charges Regulations” substitute “regulation 7(1) of the Charges Regulations”;
c
in head (ii), for “regulation 3 of the Remission of Charges Regulations, or under regulation 5 of the Remission of Charges Amendment Regulations”, substitute “regulation 3 of the Remission of Charges Regulations”; and
d
for “sub-paragraph (a), (b), (c), (d), (e) or (f) of regulation 6(1) of the Charges Regulations”, substitute “sub-paragraph (a), (c), (d), (e), (f) or (g) of regulation 7(1) of the Charges Regulations or in respect of entitlement to remission by virtue of regulation 4(2)(e), (f) or (q) of the Remission of Charges Regulations”.
Insertion of Schedule 3A
10
After Schedule 3, the following Schedule shall be inserted as Schedule 3A —
SCHEDULE 3A
PRIMARY CARE TRUSTS SPECIFIED FOR THE PURPOSES OF REPEAT DISPENSING
Regulation 16B
Amber Valley Primary Care Trust
Bebington and West Wirral Primary Care Trust
Birkenhead and Wallasey Primary Care Trust
Blackburn with Darwen Primary Care Trust
Bristol North Primary Care Trust
Bristol South and West Primary Care Trust
Bromley Primary Care Trust
Burnley Pendle and Rossendale Primary Care Trust
Central Cornwall Primary Care Trust
Charnwood and North West Leicestershire Primary Care Trust
Cheltenham and Tewkesbury Primary Care Trust
Coventry Primary Care Trust
Durham and Chester-le-Street Primary Care Trust
Durham Dales Primary Care Trust
East Elmbridge and Mid Surrey Primary Care Trust
East Leeds Primary Care Trust
Eastern Birmingham Primary Care Trust
Erewash Primary Care Trust
Gateshead Primary Care Trust
Great Yarmouth Primary Care Trust
Newbury and Community Primary Care Trust
Newham Primary Care Trust
North Birmingham Primary Care Trust
North Hertfordshire and Stevenage Primary Care Trust
Northumberland Primary Care Trust
Portsmouth City Primary Care Trust
Preston Primary Care Trust
Sheffield West Primary Care Trust
South East Sheffield Primary Care Trust
Suffolk Coastal Primary Care Trust
Taunton Deane Primary Care Trust
Western Sussex Primary Care Trust.
.
PART II
AMENDMENT OF THE NATIONAL HEALTH SERVICE (GENERAL MEDICAL SERVICES) REGULATIONS 1992
Amendment of regulation 2
11
In regulation 2 (interpretation), in paragraph (1) —
a
after the definition of “assistant” insert the following definition —
“batch issue” means a form provided by a Primary Care Trust and issued by a doctor at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services, which is in the format specified in Part 2 of Schedule 6B, and which —
is generated by a computer and not signed by a doctor;
relates to a particular repeatable prescription and contains the same date as that prescription;
forms part of a sequence of batch issues, the number of batch issues being equal to the number of occasions on which the drugs or appliances ordered on the repeatable prescription may be provided, and
specifies a number denoting its place in the sequence referred to in paragraph (c)
; and
b
after the definition of “relevant service” insert the following definitions —
“repeat dispensing services” means pharmaceutical services or local pharmaceutical services which involve the provision of drugs or appliances by a chemist in accordance with a repeatable prescription;
“repeatable prescribing doctor” shall be construed in accordance with regulation 33A(1);
“repeatable prescribing list” shall be construed in accordance with regulation 33A(9);
“repeatable prescribing services” means general medical services which involve the prescribing of drugs or appliances on a repeatable prescription;
“repeatable prescription” means a prescription contained in a form provided by a Primary Care Trust and issued by a doctor to enable a person to obtain pharmaceutical services or local pharmaceutical services, which is in the format specified in Part 1 of Schedule 6B, and which —
is generated by a computer but signed by a doctor; and
indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;
.
Amendment of regulation 4
12
In regulation 4 (medical list), in paragraph (4), after sub-paragraph (c) insert —
ca
if he is included in the repeatable prescribing list;
.
Insertion of regulation 33A
13
After regulation 33 (obtaining minor surgery services), insert the following regulation —
Repeatable prescribing services
33A
1
Subject to paragraphs (7) and (8), a doctor may provide repeatable prescribing services to any person on his list of patients if that doctor —
a
satisfies the conditions in paragraph (2); and
b
has notified the Primary Care Trust of his intention to provide repeatable prescribing services in accordance with paragraphs (3) and (4),
and a doctor who satisfies the requirements of sub-paragraphs (a) and (b) is referred to in these Regulations as a repeatable prescribing doctor.
2
The conditions referred to in paragraph (1)(a) are —
a
the doctor is included in the medical list of a Primary Care Trust specified in Schedule 6A;
b
the doctor has access to computer systems and software which enable him to issue repeatable prescriptions and batch issues;
c
the doctor is not participating in a pilot scheme on the use of electronic prescribing as described in paragraph 1A of Schedule 2 ; and
d
the practice premises is located in a Primary Care Trust’s area in which there is also located the premises of at least one chemist who has undertaken to provide, or has entered into an arrangement to provide, repeat dispensing services.
3
The notification referred to in paragraph (1)(b) is a notification, in writing, by a doctor to the Primary Care Trust in whose medical list he is included, that the doctor —
a
wishes to provide repeatable prescribing services;
b
intends to begin to provide those services from a specified date; and
c
satisfies the conditions in paragraph (2).
4
The date specified by a doctor pursuant to paragraph (3)(b) must be at least one week after the date on which the Primary Care Trust receives the notification specified in paragraph (3).
5
A doctor may not provide repeatable prescribing services unless —
a
he is a repeatable prescribing doctor; or
b
he is acting on behalf of a repeatable prescribing doctor pursuant to paragraph 19 of Schedule 2.
6
Nothing in this regulation requires a doctor to provide repeatable prescribing services to any person.
7
A doctor may provide repeatable prescribing services to a person on a particular occasion only if —
a
that person has agreed to receive such services on that occasion; and
b
the doctor considers that it is clinically appropriate to provide such services to that person on that occasion.
8
A doctor may not provide repeatable prescribing services to any patient of his to whom he is authorised or required by the Primary Care Trust under regulation 20 of the Pharmaceutical Regulations to provide pharmaceutical services.
9
A Primary Care Trust must maintain a list, in these Regulations referred to as a repeatable prescribing list, of the names of those doctors included in its medical list who are repeatable prescribing doctors.
.
Amendment of Schedule 2
14
1
Schedule 2 (terms of service for doctors) is amended as follows.
2
In paragraph 1 (interpretation), in the definition of “prescription form”, at the end insert “and does not include a repeatable prescription;”.
3
In paragraph 19 —
a
in sub-paragraph (2), for “sub-paragraphs (3), (5) and (6)” substitute “sub-paragraphs (3), (5), (6) and (6A)”; and
b
after sub-paragraph (6) insert —
6A
In the case of repeatable prescribing services, a repeatable prescribing doctor shall not arrange for the provision of such services by any person who is not a doctor.
.
4
In paragraph 40, after “prescription” insert “or repeatable prescription”.
5
In paragraph 42, after “prescription” insert “or repeatable prescription”.
6
In paragraph 43 (prescribing) —
a
in sub-paragraph (1) —
i
after “prescription form”, in the first place it appears, insert “or a repeatable prescription”, and
ii
for “such a form” substitute “such a prescription form or repeatable prescription”;
b
after sub-paragraph (1) insert —
1A
A doctor may order drugs or appliances on a repeatable prescription only where the drugs or appliances so ordered are to be provided more than once.
;
c
in sub-paragraph (2) —
i
after “prescription form”, in both places, insert “or repeatable prescription”,
ii
for “the form”, in both places, substitute “the prescription form or repeatable prescription”, and
iii
in paragraph (a), for “prescription”, in both places, substitute “prescription form or repeatable prescription”;
d
in sub-paragraph (3), for “Misuse of Drugs Regulations 1985 (controlled drugs to which regulations 14, 15, 16, 18, 19, 20, 21, 23, 25 and 26 of those Regulations apply)”, substitute “Misuse of Drugs Regulations 2001 (controlled drugs to which regulations 14, 15, 16, 18, 19, 20, 21, 23, 26 and 27 of those Regulations apply)”;
e
in sub-paragraph (5) —
i
after “prescription form”, in both places, insert “or repeatable prescription”, and
ii
for “Misuse of Drugs Regulations 1985” substitute “Misuse of Drugs Regulations 2001”; and
f
in sub-paragraph (6) —
i
after “prescription form”, in both places, insert “or repeatable prescription”, and
ii
for “Misuse of Drugs Regulations 1985” substitute “Misuse of Drugs Regulations 2001”.
7
After paragraph 43 insert —
Repeatable prescribing services
43A
1
A doctor who issues a repeatable prescription must at the same time issue the appropriate number of batch issues.
2
A doctor who has provided repeatable prescribing services to a person must, as soon as is practicable, notify that person, and make every effort to contact the chemist providing repeat dispensing services to that person, if —
a
he makes any change to the type, quantity, strength or dosage of drugs or appliances ordered on that person’s repeatable prescription; or
b
he considers that it is no longer appropriate or safe for that person to receive the drugs or appliances ordered on his repeatable prescription, or no longer appropriate or safe for him to continue to receive repeatable prescribing services.
3
If a doctor provides repeatable prescribing services to a person in respect of whom he has previously issued a repeatable prescription which has not yet expired (for example, because that person wishes to obtain the drugs or appliances from a different chemist), the doctor must make every effort to notify the chemist which has in its possession the repeatable prescription which is no longer required.
4
If a doctor has issued a repeatable prescription in respect of a person, and (before the expiry of that repeatable prescription) that person is removed from that doctor’s list of patients, that doctor must —
a
notify that person; and
b
make every effort to notify the chemist who has been providing repeat dispensing services to that person,
that the repeatable prescription should no longer be used to obtain or provide repeat dispensing services.
.
8
In paragraph 44 —
a
after “prescription form”, in each of the places it appears, insert “or repeatable prescription”; and
b
after sub-paragraph (3) add —
4
In the course of treating such a patient a doctor shall not order on a repeatable prescription a controlled drug within the meaning of the Misuse of Drugs Act 1971, other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001, but may otherwise prescribe such a drug for that patient in the course of that treatment.
.
9
In paragraph 46, for “paragraphs 43 and 44” substitute “paragraphs 43, 43A and 44”.
10
In paragraph 49 (inquiries about prescriptions and referrals), in sub-paragraph (1)(a), after “prescription form” insert “or repeatable prescription”.
Insertion of Schedules 6A and 6B
15
After Schedule 6 (minor surgery procedures), the following Schedules shall be inserted as Schedules 6A and 6B —
SCHEDULE 6A
PRIMARY CARE TRUSTS SPECIFIED FOR THE PURPOSES OF REPEATABLE PRESCRIBING
Regulation 33A
Amber Valley Primary Care Trust
Bebington and West Wirral Primary Care Trust
Birkenhead and Wallasey Primary Care Trust
Blackburn with Darwen Primary Care Trust
Bristol North Primary Care Trust
Bristol South and West Primary Care Trust
Bromley Primary Care Trust
Burnley Pendle and Rossendale Primary Care Trust
Central Cornwall Primary Care Trust
Charnwood and North West Leicestershire Primary Care Trust
Cheltenham and Tewkesbury Primary Care Trust
Coventry Primary Care Trust
Durham and Chester-le-Street Primary Care Trust
Durham Dales Primary Care Trust
East Elmbridge and Mid Surrey Primary Care Trust
East Leeds Primary Care Trust
Eastern Birmingham Primary Care Trust
Erewash Primary Care Trust
Gateshead Primary Care Trust
Great Yarmouth Primary Care Trust
Newbury and Community Primary Care Trust
Newham Primary Care Trust
North Birmingham Primary Care Trust
North Hertfordshire and Stevenage Primary Care Trust
Northumberland Primary Care Trust
Portsmouth City Primary Care Trust
Preston Primary Care Trust
Sheffield West Primary Care Trust
South East Sheffield Primary Care Trust
Suffolk Coastal Primary Care Trust
Taunton Deane Primary Care Trust
Western Sussex Primary Care Trust.
SCHEDULE 6B
REPEAT DISPENSING FORMS
Regulation 2(1)
PART 1
REPEATABLE PRESCRIPTION
PART 2
BATCH ISSUE
.
Amendment of Schedule 12
16
In Schedule 12 (information to be included in practice leaflets), after paragraph 10 insert —
10A
If the doctor is a repeatable prescribing doctor, the arrangements for providing repeatable prescribing services.
.
Amendment of Schedule 13
17
In Schedule 13 (information to be provided in annual reports), after paragraph 2 insert —
2A
If the doctor is a repeatable prescribing doctor, the arrangements for providing repeatable prescribing services.
.
PART III
AMENDMENT OF THE NATIONAL HEALTH SERVICE (CHARGES FOR DRUGS AND APPLIANCES) REGULATIONS 2000
Amendment of regulation 2
18
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
after the definition of “appliance”, insert the following definition —
“batch issue” means a form provided by a Primary Care Trust and issued by a doctor at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services, which is in the format specified in Part 2 of Schedule 6B to the National Health Service (General Medical Services) Regulations 1992, and which —
is generated by a computer and not signed by a doctor;
relates to a particular repeatable prescription and contains the same date as that prescription;
forms part of a sequence of batch issues, the number of batch issues being equal to the number of occasions on which the drugs or appliances ordered on the repeatable prescription may be provided; and
specifies a number denoting its place in the sequence referred to in paragraph (c);
, and
ii
for the definition of “prescription form” substitute the following definitions —
“prescription form” means, subject to regulation 2A, a form provided by an NHS trust or a Primary Care Trust and issued by a doctor, dentist, supplementary prescriber or independent nurse prescriber to enable a person to obtain pharmaceutical services or local pharmaceutical services and —
includes a prescription form provided and issued under equivalent arrangements having effect in Scotland, Wales or Northern Ireland; and
does not include a repeatable prescription;
“repeat dispensing services” means pharmaceutical services or local pharmaceutical services which involve the provision of drugs or appliances by a chemist in accordance with a repeatable prescription;
“repeatable prescription” means a prescription contained in a form provided by a Primary Care Trust and issued by a doctor to enable a person to obtain pharmaceutical services or local pharmaceutical services, which is in the format specified in Part 1 of Schedule 6B to the National Health Service (General Medical Service) Regulations 1992, and which —
is generated by a computer but signed by a doctor, and
indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;
; and
b
in paragraph (3), after “one prescription form” insert “, or on one repeatable prescription (but only where the supply is against one batch issue relating to that repeatable prescription)”.
Amendment of regulation 3
19
1
Regulation 3 (supply of drugs and appliances by chemists) is amended as follows.
2
In paragraph (1), for “A chemist” substitute “Except as provided in paragraph (1A), a chemist”.
3
After paragraph (1) insert —
1A
A chemist who provides repeat dispensing services to a patient shall, subject to paragraph (3), make and recover from that patient in respect of each batch issue —
a
in respect of an item of elastic hosiery a charge of £6.30, that is to say a charge of £12.60 per pair;
b
in respect of the supply of each other appliance and of each quantity of a drug, a charge of £6.30.
1B
Where a charge is paid under paragraph (1A), the person making the payment shall on doing so sign a declaration in writing on the batch issue that the relevant charge has been paid.
.
4
For paragraph (3) substitute —
3
No charges shall be made and recovered under paragraph (1) or paragraph (1A) where —
a
there is exemption under regulation 7 and a declaration of entitlement to exemption is duly completed by or on behalf of the patient —
i
in cases falling within paragraph (1A), on the batch issue at the time that the drug or appliance is supplied,
ii
in cases involving a prescription form falling within regulation 2A, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing, or
iii
in all other cases, on the prescription form;
b
there is entitlement to remission of the charge under regulation 3 of the Travelling Expenses and Remission of Charges Regulations and a declaration of entitlement to remission is duly completed by or on behalf of the patient either —
i
in cases falling within paragraph (1A), on the batch issue at the time that the drug or appliance is supplied,
ii
in cases involving a prescription form falling within regulation 2A, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing, or
iii
in all other cases, on the prescription form; or
c
the patient is resident in a school or institution the name of which is inserted on the prescription form by a doctor under paragraph 45 of Schedule 2 to the National Health Service (General Medical Services) Regulations 1992 or under an equivalent provision of a pilot scheme.
.
5
In paragraph (5) —
a
after “prescription form” insert “or repeatable prescription”; and
b
after “paragraph (1)” insert “or paragraph (1A)”.
6
In paragraph (6), after “paragraph (1)” insert “or paragraph (1A)”.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
9th April 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Service Charges (Consultation Requirements) (England) Regulations 2003 and shall come into force on 31st October 2003.
2
These Regulations apply in relation to England only.
3
These Regulations apply where a landlord —
a
intends to enter into a qualifying long term agreement to which section 20 of the Landlord and Tenant Act 1985 applies on or after the date on which these Regulations come into force; or
b
intends to carry out qualifying works to which that section applies on or after that date.
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Landlord and Tenant Act 1985;
“close relative”, in relation to a person, means a spouse or cohabitee, a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law, step-parent, step-son or step-daughter of that person;
“cohabitee”, in relation to a person, means —
a person of the opposite sex who is living with that person as husband or wife; or
a person of the same sex living with that person in a relationship which has the characteristics of the relationship between husband and wife;
“nominated person” means a person whose name is proposed in response to an invitation made as mentioned in paragraph 1(3) of Schedule 1 or paragraph 1(3) of Part 2 of Schedule 4; and “nomination” means any such proposal;
“public notice” means notice published in the Official Journal of the European Union pursuant to the Public Works Contracts Regulations 1991 , the Public Services Contracts Regulations 1993 or the Public Supply Contracts Regulations 1995 ;
“relevant period”, in relation to a notice, means the period of 30 days beginning with the date of the notice;
“RTB tenancy” means the tenancy of an RTB tenant;
“RTB tenant”, in relation to a landlord, means a person who has become a tenant of the landlord by virtue of section 138 of the Housing Act 1985 (duty of landlord to convey freehold or grant lease), section 171A of that Act (cases in which right to buy is preserved), or section 16 of the Housing Act 1996 (right of tenant to acquire dwelling) under a lease whose terms include a requirement that the tenant shall bear a reasonable part of such costs incurred by the landlord as are mentioned in paragraphs 16A to 16D of Schedule 6 to that Act (service charges and other contributions payable by the tenant) ;
“section 20” means section 20 (limitation of service charges: consultation requirements) of the 1985 Act;
“section 20ZA” means section 20ZA (consultation requirements: supplementary) of that Act;
“the relevant matters”, in relation to a proposed agreement, means the goods or services to be provided or the works to be carried out (as the case may be) under the agreement.
2
For the purposes of any estimate required by any provision of these Regulations to be made by the landlord —
a
value added tax shall be included where applicable; and
b
where the estimate relates to a proposed agreement, it shall be assumed that the agreement will terminate only by effluxion of time.
Agreements that are not qualifying long term agreements
3
1
An agreement is not a qualifying long term agreement —
a
if it is a contract of employment; or
b
if it is a management agreement made by a local housing authority and —
i
a tenant management organisation; or
ii
a body established under section 2 of the Local Government Act 2000 ;
c
if the parties to the agreement are —
i
a holding company and one or more of its subsidiaries; or
ii
two or more subsidiaries of the same holding company;
d
if —
i
when the agreement is entered into, there are no tenants of the building or other premises to which the agreement relates; and
ii
the agreement is for a term not exceeding five years.
2
An agreement entered into, by or on behalf of the landlord or a superior landlord —
a
before the coming into force of these Regulations; and
b
for a term of more than twelve months,
is not a qualifying long term agreement, notwithstanding that more than twelve months of the term remain unexpired on the coming into force of these Regulations.
3
An agreement for a term of more than twelve months entered into, by or on behalf of the landlord or a superior landlord, which provides for the carrying out of qualifying works for which public notice has been given before the date on which these Regulations come into force, is not a qualifying long term agreement.
4
In paragraph (1) —
“holding company” and “subsidiaries” have the same meaning as in the Companies Act 1985 ;
“management agreement” has the meaning given by section 27(2) of the Housing Act 1985 ; and
“tenant management organisation” has the meaning given by section 27AB(8) of the Housing Act 1985 .
Application of section 20 to qualifying long term agreements
4
1
Section 20 shall apply to a qualifying long term agreement if relevant costs incurred under the agreement in any accounting period exceed an amount which results in the relevant contribution of any tenant, in respect of that period, being more than £100.
2
In paragraph (1), “accounting period” means the period —
a
beginning with the relevant date, and
b
ending with the date that falls twelve months after the relevant date.
3
In the case of the first accounting period, the relevant date is —
a
if the relevant accounts are made up for periods of twelve months, the date on which the period that includes the date on which these Regulations come into force ends, or
b
if the accounts are not so made up, the date on which these Regulations come into force.
4
In the case of subsequent accounting periods, the relevant date is the date immediately following the end of the previous accounting period.
The consultation requirements: qualifying long term agreements
5
1
Subject to paragraphs (2) and (3), in relation to qualifying long term agreements to which section 20 applies, the consultation requirements for the purposes of that section and section 20ZA are the requirements specified in Schedule 1.
2
Where public notice is required to be given of the relevant matters to which a qualifying long term agreement relates, the consultation requirements for the purposes of sections 20 and 20ZA, as regards the agreement, are the requirements specified in Schedule 2.
3
In relation to a RTB tenant and a particular qualifying long term agreement, nothing in paragraph (1) or (2) requires a landlord to comply with any of the consultation requirements applicable to that agreement that arise before the thirty-first day of the RTB tenancy.
Application of section 20 to qualifying works
6
For the purposes of subsection (3) of section 20 the appropriate amount is an amount which results in the relevant contribution of any tenant being more than £250.
The consultation requirements: qualifying works
7
1
Subject to paragraph (5), where qualifying works are the subject (whether alone or with other matters) of a qualifying long term agreement to which section 20 applies, the consultation requirements for the purposes of that section and section 20ZA, as regards those works, are the requirements specified in Schedule 3.
2
Subject to paragraph (5), in a case to which paragraph (3) applies the consultation requirements for the purposes of sections 20 and 20ZA, as regards qualifying works referred to in that paragraph, are those specified in Schedule 3.
3
This paragraph applies where —
a
under an agreement entered into, by or on behalf of the landlord or a superior landlord, before the coming into force of these Regulations, qualifying works are carried out at any time on or after the date that falls two months after the date on which these Regulations come into force; or
b
under an agreement for a term of more than twelve months entered into, by or on behalf of the landlord or a superior landlord, qualifying works for which public notice has been given before the date on which these Regulations come into force are carried out at any time on or after the date.
4
Except in a case to which paragraph (3) applies, and subject to paragraph (5), where qualifying works are not the subject of a qualifying long term agreement to which section 20 applies, the consultation requirements for the purposes of that section and section 20ZA, as regards those works —
a
in a case where public notice of those works is required to be given, are those specified in Part 1 of Schedule 4;
b
in any other case, are those specified in Part 2 of that Schedule.
5
In relation to a RTB tenant and particular qualifying works, nothing in paragraph (1), (2) or (4) requires a landlord to comply with any of the consultation requirements applicable to that agreement that arise before the thirty-first day of the RTB tenancy.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
4th August 2003


text:
Title, application and commencement
1
1
These Regulations may be cited as the Food (Provisions relating to Labelling) (England) Regulations 2003; they apply in relation to England only.
2
These Regulations come into force on 7th November 2003 except for regulations 5 to 7 which come into force on 1st July 2004.
Amendment of the Food Labelling Regulations 1996
2
The Food Labelling Regulations 1996 shall be amended (in so far as they apply in relation to England) in accordance with regulations 3 to 7.
3
In regulation 2(1) (interpretation) —
a
in the definition of “Directive 94/54”, for the words “Directive 79/112” there shall be substituted the words “Directive 2000/13”;
b
after the definition of “Directive 99/2” there shall be inserted the following definition —
“Directive 2000/13” means Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Commission Directive 2001/101/EC , which was itself amended by Commission Directive 2002/86/EC , and as read with Commission Directive 1999/10/EC providing for derogations from the provisions of Article 7 of Directive 2000/13 and Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine;
.
4
In the following provisions —
regulation 3(1)(i) (exemptions),
regulation 19(2)(a)(i) (indication of quantities of certain ingredients or categories of ingredients),
regulation 47(b) (defence in relation to exports),
for the words “Directive 79/112” there shall be substituted the words “Directive 2000/13”.
5
In regulation 14 (names of ingredients) —
a
in paragraph (5) there shall be inserted at the beginning the words “Subject to paragraph (5A) of this regulation”;
b
after paragraph (5) there shall be inserted the following paragraph —
5A
In the case of quinine or caffeine added to or used in a food as a flavouring, quinine or caffeine (as appropriate) shall be identified by name immediately after the word “flavouring”.
.
6
After regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols) there shall be inserted the following regulation —
Drinks with high caffeine content
34A
1
Subject to paragraph (2) of this regulation, in the case of a drink which —
a
is intended for consumption without modification and contains caffeine, from whatever source, in a proportion in excess of 150 milligrams per litre, or
b
is in concentrated or dried form and after reconstitution contains caffeine, from whatever source, in a proportion in excess of 150 milligrams per litre,
that drink shall be marked or labelled with the words “High caffeine content” in the same field of vision as the name of the drink, and those words shall be followed by a reference in brackets to the caffeine content expressed in milligrams per 100 millilitres.
2
Paragraph (1) of this regulation shall not apply to any drink based on coffee, tea or coffee or tea extract where the name of the food includes the term “coffee” or “tea”.
.
7
In regulation 50 (transitional provision) there shall be inserted at the end the following paragraph —
11
In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that —
a
the food concerned was marked or labelled before 1st July 2004; and
b
the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 5 and 6 of the Food (Provisions relating to Labelling) (England) Regulations 2003 had not been in operation when the food was sold.
.
Amendment of the Genetically Modified and Novel Foods (Labelling) (England) Regulations 2000
8
In the Genetically Modified and Novel Foods (Labelling) (England) Regulations 2000 —
a
in regulation 2(1) (interpretation) —
i
there shall be substituted for the definition of “Directive 79/112” the following definition —
“Directive 2000/13” means Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Commission Directive 2001/101/EC , which was itself amended by Commission Directive 2002/86/EC ;
;
ii
in the definition of “Regulation 1139/98” there shall be substituted for the expression “Directive 79/112/ EEC ” the expression “Directive 2000/13”;
b
in regulation 3(1) (exemptions) and regulation 9(b) (defence in relation to exports) there shall be substituted for the expression “Directive 79/112” the expression “Directive 2000/13”.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
9th October 2003


text:
1
This Instrument may be cited as The City of Westminster (Paddington Station LTVA General Arrangement Bishops Bridge North Bridge) Scheme 2001 Confirmation Instrument 2003 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The City of Westminster (Paddington Station LTVA General Arrangement Bishops Bridge North Bridge) Scheme 2001 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan as modified are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards On Sea, Hastings, East Sussex TN37 7GA, and at the offices of the Westminster City Council at One Stop Services, Westminster City Hall, 64 Victoria Street, London SW1E 6QP.
Signed by authority of the Secretary of State for Transport
J. Blackie
Regional Director Government Office for the North East
24th November 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Access to the Countryside (Correction of Provisional and Conclusive Maps) (England) Regulations 2003 and shall come into force on 21st July 2003.
2
These Regulations apply in relation to England only .
Interpretation
2
1
In these Regulations —
“ the Agency ” means the Countryside Agency;
“conclusive map” means a map issued by the Agency in conclusive form under section 9;
“the Maps Regulations ” mean the Access to the Countryside (Provisional and Conclusive Maps) (England) Regulations 2002 ;
“provisional map” means a map issued by the Agency in provisional form under section 5(d) or (e); and
“reduced scale map” means, in relation to a provisional or conclusive map, a copy of that map in printed or electronic form which is on a smaller scale than the scale of the provisional or conclusive map (or any part of it) but —
for the purposes of the deposit of relevant extracts pursuant to regulation 12 of the Maps Regulations (deposit of reduced scale maps derived from provisional maps with commons registration authorities), is on a scale of not less than 1/10,000, and
for all other purposes, is on a scale of not less than 1/25,000.
2
In these Regulations references to sections are references to sections of the Countryside and Rights of Way Act 2000.
Correction of provisional maps
3
Subject to regulation 5, where —
a
a map issued in draft form under section 5(a) has been confirmed with modifications under section 5(c), but any such modification is not incorporated, or accurately incorporated, in the provisional map issued under section 5(e), or
b
a provisional map contains an error or omission arising from an inaccuracy in any Ordnance Survey data used in preparing the map issued in draft form under section 5(a) from which the provisional map was derived,
the Agency may correct the provisional map for the purpose of ensuring the modification is incorporated, or accurately incorporated, or (as the case may be) for the purpose of rectifying the error or omission.
Correction of conclusive maps
4
Subject to regulation 5, where a provisional map has been approved with modifications under section 6(4)(a), but any such modification is not incorporated, or accurately incorporated, in the conclusive map issued under section 9(2) or issued in compliance with a direction under section 9(4), the Agency may correct the conclusive map for the purpose of ensuring the modification is incorporated or accurately incorporated.
Time limits for correction of provisional and conclusive maps
5
1
The Agency may not correct a provisional map under regulation 3 or a conclusive map under regulation 4 after the expiry of a period of three months beginning with the date of issue of the map to which the correction relates.
2
Notwithstanding the expiry of the period mentioned in paragraph (1), where a provisional map has been issued before 21st July 2003 the Agency may, on or before 21st October 2003, correct the map under regulation 3 in so far as the correction consists of the omission of land from the map.
Informing the public of the correction of maps
6
1
Where the Agency have corrected a provisional map under regulation 3 or a conclusive map under regulation 4, they shall, as soon as reasonably practicable on or after the date of the correction, publish a notice which —
a
states the date on which the correction is made,
b
describes the area of land to which the correction relates,
c
describes in general terms the effect of the correction,
d
explains that the map to which the correction relates is henceforth to be treated as corrected to the extent described, and
e
explains where further information about the correction can be obtained from the Agency.
2
The notice referred to in paragraph (1) shall be published —
a
in such local or regional newspapers circulating in the area of land to which the map relates as the Agency consider necessary for informing the public of the making of the correction; and
b
by being made available for inspection on a website maintained by the Agency for the period during which the map remains current.
3
In paragraph (2)(b) the reference to the period during which the map remains current has the meaning given by regulation 2(2)(a) and (b) of the Maps Regulations (general interpretation).
Informing specified persons of the correction of maps
7
1
Where the Agency have corrected a provisional map under regulation 3, they shall, as soon as reasonably practicable on or after the date on which the correction is made, send a copy of the notice mentioned in regulation 6(1) to each person having an interest in any land to which the correction relates, other than any person whom it is not reasonably practicable to identify.
2
Where the Agency have corrected a conclusive map under regulation 4, they shall, as soon as reasonably practicable on or after the date on which the correction is made, send a copy of the notice mentioned in regulation 6(1) to each person who was required under regulation 27, 38(2), 39(2), 54(2) or 55(2) (as the case may be) of the Maps Regulations (notification of appeal decisions) to be notified of a decision on an appeal relating to an area of land to which the correction relates.
Supply of modified reduced scale maps to certain bodies and to members of the public
8
1
Subject to paragraph (3), the Agency shall, as soon as reasonably practicable on or after the date on which a correction is made to a provisional map under regulation 3 or a conclusive map under regulation 4, ensure that the documents mentioned in paragraph (2) are provided to —
a
any access authority, local access forum and parish council exercising functions for the area of land to which the correction relates,
b
those persons listed in paragraph 1 or 2 of the Schedule to these Regulations in the case of a correction to a provisional or conclusive map, respectively, and
c
those persons who, under regulation 8(1)(b) or (2)(b) of the Maps Regulations (supply of reduced scale maps to certain bodies and to members of the public) , have been sent a reduced scale map derived from the provisional or conclusive map to which the correction relates.
2
The documents which must be provided are —
a
a copy of the notice published under regulation 6 to which the correction relates, and
b
a map on the same scale as the reduced scale map supplied under regulation 8 of the Maps Regulations showing the location and extent of the land to which the correction relates.
3
Where, under regulation 8 of the Maps Regulations, a person has been sent a reduced scale map relating to only part of the area of land to which the map relates, the Agency shall provide the documents mentioned in paragraph (2) only where the correction relates to an area of land in that part.
Modifications to reduced scale maps available for inspection and deposited with authorities
9
The Agency shall, as soon as reasonably practicable on or after the date on which a correction is made to a provisional map under regulation 3 or a conclusive map under regulation 4 —
a
ensure that any reduced scale map derived from the provisional or conclusive map to which the correction relates and made available for inspection under regulation 9 of the Maps Regulations (reduced scale maps on the internet) is modified to show the effect of the correction, and
b
take all such steps as are reasonably practicable to ensure that any reduced scale map derived from the provisional or conclusive map to which the correction relates and deposited under regulation 10, 11 or 12 of those Regulations (deposit of reduced scale maps with local, National Park, library and commons registration authorities) is modified to show the effect of the correction.
Time limit for appeals against provisional maps
10
Where a correction made under regulation 3 consists of the showing of additional land on a provisional map, regulation 16 of the Maps Regulations (notice of appeal against provisional map) shall be construed, in so far as that regulation relates to an appeal against the showing of any of the additional land on the provisional map, as if for the requirement in paragraph (1) of that regulation to appeal within three months of the date of the issue of the provisional map there were substituted a requirement to appeal within three months of the date on which the correction is made.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
17th June 2003