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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040066.html
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| Made | 20th February 2004 | ||
| Laid before the Scottish Parliament | 23rd February 2004 | ||
| Coming into force | 1st April 2004 |
The Scottish Ministers, in exercise of the powers conferred by sections 19(2), 27(2), 69(1) and (2), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2004 and shall come into force on 1st April 2004.
(2) In these Regulations, "the principal Regulations" means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001[2].
Amendment of the principal Regulations
2. - (1) Subject to regulation 3 below, the principal Regulations are amended in accordance with the following paragraphs.
(2) In regulation 3(1)(b)[3] (supply of drugs and appliances by chemists) omit "£6.30" and insert "£6.40".
(3) In regulation 8(5)[4] (pre payment certificates)-
-
(a) omit "£32.90" and insert "£33.40"; and
(b) omit "£90.40" and insert "£91.80".
(4) Omit Schedules 1, 2 and 3[5] and insert Schedules 1, 2 and 3 as set out in the Schedule to these Regulations.
Transitional provisions
3.
Regulation 2(2) to (4) shall apply in relation to supplies of drugs and appliances and payments for pre-payment certificates made on or after 1st April 2004 except that-
-
(a) the amendment of regulation 8(5) (pre-payment certificates) of the principal Regulations by regulation 2(3) above shall apply only where the application referred to in paragraph (1) of regulation 8 of the principal Regulations is received on or after that date; and
(b) the insertion of Schedule 3 into the principal Regulations by regulation 2(4) above shall apply only where the examination or first examination leading to the supply of the specified appliance takes place on or after that date.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew's House, Edinburgh
20th February 2004
| Column 1 | Column 2 |
| Specified Appliance | Specified Sum |
| Above knee stocking, below knee stocking or thigh stocking | £6.40 each (i.e. £12.80 per pair) |
| Column 1 | Column 2 |
| Specified Appliance | Specified Sum |
| Tights (per pair) | £12.80 |
| Column 1 | Column 2 |
| Specified Appliance | Specified Sum |
| Surgical Brassiere | £21.50 |
| Abdominal or Spinal Support | £32.50 |
| Stock Modacrylic Wig | £53.10 |
| Partial Human Hair Wig | £140.15 |
| Full Bespoke Human Hair Wig | £204.90 |
(This note is not part of the Regulations)
These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 ("the principal Regulations") which provide for the making and recovery of charges for drugs and appliances supplied by doctors and pharmacists providing pharmaceutical services, and by Health Boards and NHS trusts to out-patients.
The charge, in regulation 3(1)(b) of the principal Regulations, (supply of drugs and appliances by chemists) is increased from £6.30 to £6.40 (regulation 2(2)).
The charge, in regulation 8(5) of the principal Regulations, (pre-payment certificates) is increased from £32.90 to £33.40 for a 4 month certificate and from £90.40 to £91.80 for a 12 month certificate (regulation 2(3)).
Schedules 1, 2 and 3 to the principal Regulations are substituted in order to increase the various charges set out in those schedules (regulation 2(4)). The charge for elastic stockings is increased from £6.30 to £6.40 each (from £12.60 to £12.80 per pair) and that for tights from £12.60 to £12.80. The charge for surgical brassieres is increased from £21.20 to £21.50 and for fabric supports is increased from £32.00 to £32.50. The charges for modacrylic wigs and partial human hair wigs are increased from £52.30 to £53.10 and from £138.00 to £140.15 respectively. The charge for full human hair wigs is increased from £201.70 to £204.90.
Regulation 3 provides that the increase in charges made by regulation 2(2) to (4) shall be in respect of supplies made on or after 1st April 2004 or where examinations leading to the supply of an appliance take place on or after that date and, in respect of payments of sums for pre-payment certificates, where the pre-payment certificate itself was applied for on or after 1st April 2004.
Notes:
[1] 1978 c.29; section 19(2) was amended by the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2, paragraph 39(2); section 27(2) was amended by the National Health Service (Amendment) Act 1986 (c.66), section 3(3) and the National Health Service and Community Care Act 1990 (c.19), Schedule 9 , paragraph 19(7); section 105(7), which was amended by the Health Services Act 1980 (c.41), Schedule 6, paragraph 5 and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 9, paragraph 24, and by the Health Act 1999 (c.8), Schedule 4, paragraph 60, contains provisions relevant to the making of regulations; section 108(1) contains definitions of "prescribed" and "regulations" relevant to the exercise of the statutory powers under which these Regulations are made. See section 66(1) of the Health Act 1999 (c.18) in relation to any provision of that Act being taken to be a pre-commencement enactment within the meaning of the Scotland Act 1998 (c.46). The functions of the Secretary of State were transferred to the Scottish Ministers, by virtue of section 53 of the Scotland Act 1998.back
[3] Regulation 3(1)(b) was amended by S.S.I. 2002/100, regulation 2(4), and S.S.I. 2003/130, regulation 2(2).back
[4] Regulation 8(5) was amended by S.S.I. 2002/100, regulation 2(6) and S.S.I. 2003/130, regulation 2(3).back
[5] Schedules 1, 2 and 3 were replaced by S.S.I. 2002/100, Schedule, and S.S.I. 2003/130, Scheduleback
ISBN 0 11062641 9
| © Crown copyright 2004 | Prepared 4 March 2004 |