NHS (Pharmaceutical Services) (Wales) Regulations 2020

Published on: 1st February 2022 | Updated on: 16th October 2023

The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020 (legislation.gov.uk)
Welsh Government has published Non-statutory Guidance on the Regulations for Health Boards:Non-statutory Guidance on the Regulations for Health Boards  English

Non-statutory Guidance on the Regulations for Health Boards Welsh

Changes to the NHS (2006) Act and the introduction of the NHS (Pharmaceutical Services) (Wales) Regulations 2020 changed the way in which pharmacy applications are granted (“market entry”) and, as of 1st October 2021, Heath Boards in Wales determine applications from community pharmacy contractors using their Pharmaceutical Needs Assessment (PNA).

BREACH NOTICES
These same 2020 Regulations also set out the new powers allowing LHBs to take action where there are concerns regarding the provision of pharmaceutical services by pharmacy contractors which may involve breaches of their Terms of Service.  It includes the ability for LHBs to impose sanctions such as remedial or breach notices, withhold payments and ultimately remove a pharmacy contractor from a pharmaceutical list. The aim of the sanctions is to ensure consistent provision of pharmaceutical services by contractors in compliance with their terms of service however, the ultimate outcome may be removal from the pharmaceutical list and collectively the powers are known as “market exit”.
CPW has drafted Guidance for contractors on Remedial and Breach Notices: Remedial and Breach Notices – A Guide for Pharmacy Contractors The most likely cause of a Breach of Terms of service is a failure to notify the Health Board of a Temporary Closure.  More information on individual Health Board Closure Procedures can be found here