NATIONAL HEALTH SERVICE, ENGLAND Citation, commencement, interpretation and extent 1 1 This Order may be cited as the National Health Service (General Medical Services) (Electronic Communications) Order 2001 and shall come into force on 11th September 2001. 2 In this Order, “the 1992 Regulations ” means the National Health Service (General Medical Services) Regulations 1992 . 3 This Order extends to England only . Amendment of the 1992 Regulations 2 1 The 1992 Regulations are amended as follows. 2 In Schedule 2 to the 1992 Regulations (terms of service for doctors), in paragraph 1 (interpretation)— a in the appropriate alphabetical position, insert— “the 2000 Act ” means the Electronic Communications Act 2000; , “electronic communication” has the same meaning as in section 15 of the 2000 Act; , “electronic signature” has the same meaning as in section 7 of the 2000 Act; ; b in the definition of “prescription form”, after “means” insert “, subject to paragraph 1A,”. 3 After paragraph 1, insert— 1A 1 In this Schedule, where the conditions set out in sub-paragraph (2) are met, the term “prescription form” includes data that— a are created in an electronic form and signed with an electronic signature and are transmitted as an electronic communication; b are created in an electronic form and signed with an electronic signature, where both the data and the signature are entered on the prescription form in a non-legible manner; c are created in writing and signed with an electronic signature which is entered on the prescription form in a non-legible manner; or d are created in an electronic form and entered on the prescription form in a non-legible manner, and signed in ink. 2 The conditions are— a that the prescription is an order for a drug or appliance and is issued by a doctor in connection with the provision of general medical services; b that the order is not for an oxygen concentrator; and c that the Secretary of State is satisfied that— i the use of electronic means in order to create, sign and transmit prescriptions (or whichever of those purposes is applicable) is appropriate for the purposes of a pilot scheme on the use of electronic prescribing in relation to the doctor and, where relevant, the chemist and the premises at which the prescription is dispensed; and ii the particular electronic means used by the doctor and, where relevant, the chemist concerned are suitable for the purposes of such a pilot scheme. . 4 In paragraph 43 (prescribing)— a in sub-paragraph (1), after “by issuing to that patient a prescription form” insert “, or by issuing with the patient’s agreement a prescription form that contains data within the meaning of paragraph 1A(1)(a) and transmitting it by electronic means,”; b in sub-paragraph (2), after “not by means of a stamp,” insert “or, where the prescription contains data within the meaning of paragraph 1A(1)(a), (b) or (c) by means of an electronic signature,”. 5 In paragraph 44 (prescribing), in sub-paragraph (2)(c) after “the doctor endorses” omit “on the face of”. Signed by authority of the Secretary of State for Health Hazel Blears Parliamentary Under-Secretary of State, Department of Health 20th August 2001