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PJ Online homeThe Pharmaceutical Journal
Vol 277 No 7427 p596
18 November 2006

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Contract test words altered

Changed wording for the control-of-entry test for new pharmacy contracts in England and Wales does not mean there will be any change to the criteria that primary care trusts and health boards will apply, the Department of Health has said.

From 1 March 2007, the criteria that new contract applications will have to meet — unless they are exempt from entry controls — will be of necessity and expediency, not necessity and desirability. The Pharmaceutical Services Negotiating Committee stated that the DoH has confirmed that this change is to ensure legislative consistency and will not change the application criteria.

The DoH reassurance reads: “Unless the contrary intention is shown, a consolidation Act is presumed to be a straight consolidation and does not change the law. The term ‘expedient’ was adopted rather than ‘desirable’ to ensure legislative consistency within the Bill. The Consolidation Bill, once it receives Royal Assent and comes into force, will not change the basis on which primary care trusts and health boards are to continue to decide applications. They will continue to apply the ‘necessary or desirable’ criteria as set out in the NHS (Pharmaceutical Services) Regulations 2005 as amended.”

The new words appear in the NHS Act 2006 and the NHS (Wales) Act 2006, which received Royal Assent last week.

The two Acts consolidate the NHS Act 1977 with its subsequent amendments and divide it into separate Acts for England and Wales so that future amendments that apply separately to one or other of the two countries can be more easily understood.

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