The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) (No. 2) Regulations 2026
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Change 1
10 Amendments to Schedule 4
(1) Schedule 4 (NHS England’s terms of service of NHS pharmacists) is amended as follows. (2) In paragraph 11 (additional requirements in relation to electronic prescribing), after sub-paragraph (6) insert— (7) P must not enter a dispensing contractor into, or change a dispensing contractor in, a person’s PDS patient details without that person’s, or that person’s duly authorised representative’s, explicit consent. . (3) After paragraph 23A (local hours plans) insert— Closure for learning and development 23B (1) For the purposes of this Part, for up to four hours in each calendar month, pharmacy premises are treated as open at times when they are closed for learning and development, provided the following conditions are met in respect of the closure— (a) the NHS pharmacist (P) listed in respect of the pharmacy premises has notified NHS England of the closure for learning and development, as a proposed closure, at least 30 days in advance of the closure; (b) NHS England has not objected to the closure (as to the valid grounds for objection, see sub-paragraph (2)); (c) no part of the period of closure is— (i) within three hours of the start of the pharmacy premises opening hours on the first week-day of opening, (ii) within three hours of the end of the pharmacy premises opening hours on the last week-day of opening, (iii) on a Saturday, (iv) on a Sunday, or (v) in the case of pharmacy premises in respect of which a 100 hours condition applies or has ever applied, from 5pm to 9pm on any week-day of opening; (d) in advance of the closure, P has notified the providers of primary medical services that are accustomed to sending patients to the pharmacy premises for the dispensing of emergency prescriptions, or for treatment as part of a directed service, of the closure; (e) in advance of the closure, P amended the pharmacy profile in respect of the pharmacy premises in the NHS England directory of services and on the NHS.uk website so that it shows the day and times of the closure; (f) unless the premises of P are distance selling premises, P has exhibited a notice, where practicable legible from outside the premises, which specifies the days on which and times at which the premises are closed for learning and development; and (g) if P’s premises are distance selling premises, any website that P has for use by the public for the purposes of accessing pharmaceutical services from the premises, on which the opening hours of the premises are displayed, has as part of that display a notice containing the same information as provided for in paragraph (f). (2) NHS England may object to a closure for learning and development if the closure, taken with other closures for learning and development and any gaps in availability of pharmaceutical services in the area in which the pharmacy premises are located, would lead to avoidable disruption to the provision of pharmaceutical services in that area. . (4) In paragraph 28 (clinical governance and the promotion of healthy living), in sub-paragraph (2)(e), after sub-paragraph (i) insert— (ia) arrangements for ensuring that all professional staff and locums who are involved in the provision of pharmaceutical services have either a valid certificate for an enhanced Disclosure and Barring Service (DBS) check (certificates are to be treated as valid for three years from the date of issue by the DBS) or evidence to demonstrate that an enhanced DBS status check has been undertaken using the DBS Update Service, .
10 Amendments to Schedule 4
(1) Schedule 4 (NHS England’s terms of service of NHS pharmacists) is amended as follows. (2) In paragraph 11 (additional requirements in relation to electronic prescribing), after sub-paragraph (6) insert— (7) P must not enter a dispensing contractor into, or change a dispensing contractor in, a person’s PDS patient details without that person’s, or that person’s duly authorised representative’s, explicit consent. . (3) After paragraph 23A (local hours plans) insert— Closure for learning and development 23B (1) For the purposes of this Part, for up to four hours in each calendar month, pharmacy premises are treated as open at times when they are closed for learning and development, provided the following conditions are met in respect of the closure— (a) the NHS pharmacist (P) listed in respect of the pharmacy premises has notified NHS England of the closure for learning and development, as a proposed closure, at least 30 days in advance of the closure; (b) NHS England has not objected to the closure (as to the valid grounds for objection, see sub-paragraph (2)); (c) no part of the period of closure is— (i) within three hours of the start of the pharmacy premises opening hours on the first week-day of opening, (ii) within three hours of the end of the pharmacy premises opening hours on the last week-day of opening, (iii) on a Saturday, (iv) on a Sunday, or (v) in the case of pharmacy premises in respect of which a 100 hours condition applies or has ever applied, from 5pm to 9pm on any week-day of opening; (d) in advance of the closure, P has notified the providers of primary medical services that are accustomed to sending patients to the pharmacy premises for the dispensing of emergency prescriptions, or for treatment as part of a directed service, of the closure; (e) in advance of the closure, P amended the pharmacy profile in respect of the pharmacy premises in the NHS England directory of services and on the NHS.uk website so that it shows the day and times of the closure; (f) unless the premises of P are distance selling premises, P has exhibited a notice, where practicable legible from outside the premises, which specifies the days on which and times at which the premises are closed for learning and development; and (g) if P’s premises are distance selling premises, any website that P has for use by the public for the purposes of accessing pharmaceutical services from the premises, on which the opening hours of the premises are displayed, has as part of that display a notice containing the same information as provided for in paragraph (f). (2) NHS England may object to a closure for learning and development if the closure, taken with other closures for learning and development and any gaps in availability of pharmaceutical services in the area in which the pharmacy premises are located, would lead to avoidable disruption to the provision of pharmaceutical services in that area. . (4) In paragraph 28 (clinical governance and the promotion of healthy living), in sub-paragraph (2)(e), after sub-paragraph (i) insert— (ia) arrangements for ensuring that all professional staff and locums who are involved in the provision of pharmaceutical services have either a valid certificate for an enhanced Disclosure and Barring Service (DBS) check (certificates are to be treated as valid for three years from the date of issue by the DBS) or evidence to demonstrate that an enhanced DBS status check has been undertaken using the DBS Update Service, .
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