Made | 29th March 2001 | ||
Coming into force | 1st April 2001 |
(2) The specified description of a nurse or health visitor mentioned in the definition of "nurse prescriber" in paragraph (1) is -
(b) a person who is registered in Part 11 of the professional register as a health visitor and is, at the time of ordering the listed drug or medicine or listed appliance -
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients.
(3) For the purposes of these Regulations the supply against an order on one prescription form -
(4) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations which bears that number, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Supply of drugs and appliances by chemists
3.
- (1) A chemist who provides pharmaceutical services to a patient shall, subject to paragraph (3), make and recover from that patient -
(2) Where a charge is paid under paragraph (1), the person making the payment shall on doing so sign a declaration in writing on the prescription form that the relevant charge has been paid.
(3) No charge shall be made and recovered under paragraph (1) where -
(4) For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of £6.00 payable for that drug shall be payable upon the supply of the first instalment.
(5) A chemist, notwithstanding the provisions of his terms of service, shall be under no obligation to provide pharmaceutical services in respect of an order on a prescription form unless he is first paid by the patient any charge required to be made and recovered by paragraph (1) in respect of that order.
(6) A chemist who makes and recovers a charge under paragraph (1) shall, if so required by the patient, give him[dmb1] a receipt for the amount received on the form provided for the purpose which form shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
(7) Any sum which would otherwise be payable by a Health Authority to a chemist in respect of the provision by him of pharmaceutical services shall be reduced by the amount of any charges which are required to be made and recovered by the preceding provisions of this regulation.
Supply of drugs and appliances by doctors
4.
- (1) A doctor who provides pharmaceutical services to a patient shall, subject to paragraph (3), make and recover from that patient -
(2) Where a charge is paid under paragraph (1), the person making the payment shall on doing so sign a declaration in writing on the prescription form that the relevant charge has been paid.
(3) No charge shall be made and recovered under paragraph (1) where -
(4) For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of £6.00 payable for that drug shall be payable upon the supply of the first instalment.
(5) A doctor shall be under no obligation to provide pharmaceutical services for which a charge is required to be made and recovered by paragraph (1) unless he is first paid the amount of that charge by the patient.
(6) A doctor who makes and recovers a charge under paragraph (1) shall, if so required by the patient, give him a receipt for the amount received on the form provided for the purpose which form shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
(7) Any sum which would otherwise be payable by a Health Authority to a doctor in respect of the provision by him of general medical services or personal medical services in connection with a pilot scheme shall be reduced by the amount of charges which are required to be made and recovered under paragraph (1).
(8) Nothing in this regulation shall authorise the payment of a charge where the drug or appliance supplied either -
Supply of drugs and appliances by Health Authorities and NHS trusts
5.
- (1) A Health Authority or an NHS trust which supplies to a patient for the purposes of his treatment, drugs, otherwise than for administration at a hospital, or appliances, shall, subject to paragraphs (3) and (4), make and recover from the patient -
(2) Where a charge is paid under paragraph (1) the person making the payment shall on doing so sign a declaration in writing that the relevant charge has been paid.
(3) No charge shall be made and recovered under this regulation from a patient who is exempt -
and who, in the case described in paragraph 1(1)(c) of Schedule 12 to the Act and in the cases described in sub-paragraphs (b) and (c), completes a declaration of entitlement to such exemption or remission and provides such evidence of entitlement as the Health Authority or NHS trust may reasonably require.
(4) A partially remitted charge shall be made and recovered under this regulation from a patient who is entitled to partial remission under regulation 8(4) if a declaration in writing is provided that the relevant part of the charge has been paid and a declaration of entitlement and such other evidence of entitlement, to partial remission as may be required, is provided.
(5) For the purposes of this regulation, where a drug ordered on a single written direction is supplied by instalments, the charge of £6.00 payable for that drug shall be payable upon the supply of the first instalment.
(6) A Health Authority or NHS trust which makes and recovers a charge under this regulation shall, if so required by the patient, give him a receipt for the amount received on a form which shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
Supply of drugs and appliances at Walk-in centres
6.
- (1) Where drugs or appliances are supplied to a patient, for the purposes of his treatment by a doctor or nurse prescriber at a Walk-in Centre the Health Authority or NHS trust or other person responsible for the management of the Centre shall, except in the case of drugs administered or appliances fitted at the Centre and subject to paragraphs (3) and (4), make and recover from the patient -
(2) Where a charge is paid under paragraph (1), the person making the payment shall on doing so sign a declaration in writing that the relevant charge has been paid.
(3) No charge shall be made and recovered under this regulation from a patient who is exempt -
and who, in the case described in paragraph 1(1)(c), of Schedule 12 to the Act and in the cases described in sub-paragraphs (b) and (c), completes a declaration of entitlement to such exemption or remission and provides such evidence of entitlement as the Health Authority or NHS trust or other person supplying the drug or appliance may reasonably require.
(4) For the purposes of this regulation, where a drug ordered on single written direction is supplied by instalments, the charge of £6.00 payable for that drug shall be payable upon the supply of the first instalment.
(5) A Health Authority or NHS trust or other person making and recovering a charge under this regulation shall, if so required by a patient, give him a receipt for the amount received on a form which shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
Supply of drugs under Patient Group Directions
7.
- (1) Where drugs are supplied to a patient in accordance with a Patient Group Direction the person supplying the drugs shall, subject to paragraphs (3) and (4), make and recover from the patient, in respect of the supply of each quantity, a charge of £6.00.
(2) Where a charge is paid under paragraph (1), the person making the payment shall on doing so sign a declaration in writing that the relevant charge has been paid.
(3) No charge shall be made and recovered under this regulation from a patient who is exempt -
and who, in the case described in paragraph 1(1)(c) of Schedule 12 of the Act and in the cases described in sub-paragraphs (b) and (c), completes a declaration of entitlement to such exemption or remission and provides such evidence of entitlement as the person supplying the drug may reasonably require.
(4) No charge shall be made and recovered under this regulation where the drug is supplied for personal administration by the person making the supply in accordance with the Patient Group Direction.
(5) A person making and recovering a charge under this regulation shall, if so required by a patient, give him a receipt for the amount received on a form which shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
(6) For the purposes of this regulation the reference to the supply of a drug in accordance with a Patient Group Direction is a reference to the supply of a drug for that purpose as provided for in the Medicines (Pharmacy and General Sale - Exemption) Order 1980[7] or in the Prescription Only Medicines (Human Use) Order 1997[8].
Exemptions
8.
- (1) Subject to paragraph (3), no charge shall be payable under regulations 3, 4, 6 or 7 by -
(iii) epilepsy requiring continuous anti-convulsive therapy;
(iv) a continuing physical disability which prevents the patient from leaving his residence without the help of another person;
or by a person with a valid exemption certificate issued under equivalent arrangements having effect in England, Scotland or Northern Ireland;
(e) a person with a valid exemption certificate issued by the National Assembly in respect of the supply of drugs and appliances for the treatment of accepted disablement, but in either case only in respect of those supplies to which the certificate relates;
(f) a person with a valid pre-payment certificate or with a valid pre-payment certificate granted under equivalent arrangements having effect in England, Scotland or Northern Ireland.
(2) Subject to paragraph (3), no charge shall be payable under regulation 5 -
(3) A person who wishes to claim entitlement to exemption under paragraph (1) or (2) shall provide any declaration of entitlement required under regulations 3(3) or 4(3) and any declaration or evidence of entitlement required under regulations 5(3), 6(3) or 7(3).
(4) A charge referred to in column (1) of Schedule 1 shall, in the case of a person referred to in regulation 5 of the Travelling Expenses and Remission of Charges Regulations, be remitted to the extent specified in that regulation.
(5) Where a charge is remitted in part under paragraph (4) the person making the part payment shall on doing so sign a declaration in writing that the relevant part of the charge has been paid and complete a declaration of entitlement, and provide such other evidence of entitlement, to partial remission as may be required.
(6) An exemption by reference to age or the validity of an exemption certificate shall be determined by reference to the age or validity on the day on which -
(7) Where a claim to exemption has been made but is not substantiated and in consequence of the claim a charge has not been recovered, the Health Authority or, where the drugs or appliances were supplied by an NHS trust, that NHS trust shall recover such charge from the person concerned.
Certificates of exemption - application and issue
9.
- (1) A person who wishes to claim exemption under the provisions of regulation 8(1)(c), (d) or (e) shall apply for a certificate conferring exemption (in these Regulations referred to as an "exemption certificate") to the Health Authority in the case of an exemption under sub-paragraph (c) or (d) on a form supplied for that purpose and in the case of an exemption under sub-paragraph (e) to an office of the Department of Social Security on a form supplied for that purpose by the National Assembly.
(2) A Health Authority, on being satisfied that an applicant is entitled to exemption under paragraph (1)(c), shall issue an exemption certificate which shall be valid -
(3) A Health Authority, on being satisfied that an applicant, not being a person entitled to exemption under the provisions of regulation 8(1)(a) or (b) is entitled to exemption under regulation 8(1)(d) shall issue to the applicant an exemption certificate which shall be valid for such period as it may determine.
(4) The National Assembly, on being satisfied that an applicant is entitled to exemption under regulation 8(1)(e), shall issue to the applicant an exemption certificate which shall be valid for such period as it may determine.
Pre-payment certificates
10.
- (1) Subject to the following provisions of this regulation, a Health Authority on payment of the relevant sum prescribed by paragraph (5) shall as soon as reasonably practicable grant a certificate (in these regulations referred to as a "pre-payment certificate") to any person who duly completes and submits an application for it on a form provided for the purpose.
(2) A pre-payment certificate shall be valid for a period of either four months or twelve months and an application for such a certificate shall indicate the period for which it is required to be valid.
(3) A pre-payment certificate which is granted confers on the person to whom it is granted exemption as provided by regulation 8(1)(f) in respect of drugs and appliances supplied during the period for which it is valid.
(4) No pre-payment certificate shall be granted unless the application made for it is received less than one month before the date on which its period of validity is to begin.
(5) For the purposes of this regulation the prescribed sum shall be £31.40 for a pre-payment certificate valid for 4 months and £86.20 for a pre-payment certificate valid for 12 months.
(6) Where payment of a prescribed sum has been made under this regulation and, not more than one month after the date on which his pre-payment certificate became valid, the person in respect of whom payment was made -
an application for repayment of that sum may be made, by or on behalf of that person or his or her estate, in accordance with paragraphs (7) and (8).
(7) An application under paragraph (6) shall be made to the Health Authority that granted the certificate and shall be accompanied by the certificate (where granted) and a declaration in support of the claim, and the claim and any repayment shall be made in such manner and subject to such conditions as the National Assembly may determine.
(8) An application under paragraph (6) shall be made -
Repayment of charges
11.
- (1) Where a charge has been paid under these Regulations by or on behalf of a person who was at the time of payment exempt from the requirement to pay that charge, an application for repayment of that charge may be made in accordance with paragraph (2) by or on behalf of that person.
(2) The application for repayment shall -
(3) In the case of a charge under regulation 5 in respect of an appliance specified in column (1) of Schedule 1, the application shall be accompanied by the exemption certificate referred to in regulation 8(1)(e) and, if the patient was referred by a doctor to the Health Authority or NHS trust for treatment, either -
(4) The National Assembly shall make arrangements for the repayment of any charge paid under these Regulations by a person who is entitled to exemption.
Arrangements between NHS bodies and Local Authorities
12.
Any arrangements made by virtue of section 31(2)(c) of the Health Act 1999 (arrangements between NHS bodies and local authorities) for or in connection with the exercise by a local authority of any functions of a Health Authority or NHS trust shall not affect any power or duty to recover charges in respect of services provided in the exercise of those functions and these Regulations shall apply as if the functions were exercised by the Health Authority or NHS trust with which the arrangements were made.
Revocations
13.
The Regulations specified in column (1) of Schedule 2 are hereby revoked in relation to Wales to the extent specified in column (3) of that Schedule.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[10].
D. Elis Thomas
The Presiding Officer of the National Assembly
29th March 2001
(1) | (2) |
Specified Appliance | Specified Charge |
Surgical Brassiere | £20.30 |
Abdominal or Spinal Support | £30.50 |
Stock Modacrylic Wig | £49.90 |
Partial Human Hair Wig | £131.50 |
Full Bespoke Human | £192.20 |
(1) | (2) | (3) |
Regulations revoked | Reference | Extent of revocation |
The National Health Service (Charges for Drugs and Appliances) Regulations 1989 | SI 1989/419 | The whole Regulations |
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1990 | SI 1990/537 | The Whole Regulations |
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1991 | SI 1991/579 | The whole Regulations |
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1992 | SI 1992/365 | The whole Regulations |
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1993 | SI 1993/420 | The whole Regulations |
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1994 | SI 1994/690 | The whole Regulations |
The National Health Service (Pharmaceutical Services and Charges for Drugs and Appliances) Amendment Regulations 1994 | SI 1994/2402 | regulation 3 |
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1995 | SI 1995/643 | The whole Regulations |
The National Health Service (Charges for Drugs and Appliances) Amendment (No. 2) Regulations 1995 | SI 1995/2737 | The whole Regulations |
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1996 | SI 1996/583 | The whole Regulations |
The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1998 | SI 1998/491 | The Whole Regulations |
The National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 | SI 1998/646 | regulation 9 |
The National Health Service (Pilot Schemes for Personal Dental Services: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 | SI 1998/2224 | regulation 5 |
The National Health Service (Charges for Drugs and Appliances and Travelling Expenses and Remission of Charges) | SI 1999/767 | Regulations 2 and 3 and the Schedule |
Amendment Regulations 1999 The National Health Service (Charges for Drugs and Appliances) Amendment (Wales) Regulations 2000 | SI 2000/1422 | The whole Regulations |
[3] S.I.1988/551 as amended by S.I.1989/394, 517 and 614, 1990/548, 918 and 1661, 1991/557, 1992/1104, 1993/608, 1995/642 and 3252, 1996/410, 1346 and 2362, 1997/748 and 2393, 1998/2417, 1999/767, 2507 and 2840.back
[5] S.I.1983/873 to which there are amendmentsback