Consultation regarding entry to NHS pharmaceutical market

The Department of Health is consulting on draft regulations concerning entry and exit in the NHS pharmaceutical market.

The NHS Act 2006 requires the Secretary of State for Health to make Regulations concerning the provision of NHS pharmaceutical services in England. The Health Act 2009 amended these provisions by providing that:

  • PCTs must develop and publish local pharmaceutical needs assessments (PNAs)
  • PCTs would then use their PNAs as the basis for determining entry to the NHS pharmaceutical services market.

The Health Act 2009 also introduced new provisions that allow the Secretary of State to make regulations about what remedial actions PCTs can take against pharmacy and dispensing appliance contractors who breach their terms of service or whose performance is poor or below standard.

The first set of Regulations dealing with the development and publication of PNAs, the NHS (Pharmaceutical Services and Local Pharmaceutical Services) (Amendment) Regulations 2010 (SI 2010/914), were laid on 26 March 2010 and came into force on 24 May 2010.

These new draft regulations – The National Health Service (Pharmaceutical Services) Regulations 2012) – and draft guidance concern the remaining provision under the Health Act 2009.

The Department welcomes comments and views from all interested parties.

Read the consultation document and related papers

This consultation closes on 25 January 2012

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