The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2002

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002.

Amendment of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001

2.—(1) The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(1) are amended in accordance with the following paragraphs.

(2) In regulation 2(1) in the definition of “nurse prescriber”, for “nurse or health visitor” there is substituted “nurse, midwife or health visitor”.

(3) For regulation 2(2) there is substituted–

“(2) The specified description of nurse, midwife or health visitor mentioned in the definition of “nurse prescriber” in paragraph (1) is–

(a) a person who is either–

(i) registered in Part 1 or 12 of the register maintained by the Nursing and Midwifery Council(2) pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001(3) (referred to below in this definition as the “professional register”), and has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983(4), or

(ii) registered in Part 11 of the professional register as a health visitor,

and against whose name (in each case) is recorded in the professional register an annotation signifying that that person is qualified to order drugs, medicines and appliances for patients; or

(b) a person who is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register and against whose name is recorded in the professional register an annotation signifying that that person is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary Appendix in the British National Formulary(5).”

(4) In regulation 3(1)(b) (supply of drugs and appliances by chemists) for “£6.10” there is substituted “£6.20”.

(5) For regulation 8(1) (pre-payment certificates) there is substituted–

“(1) Subject to the following provisions of this regulation, a certificate (in these Regulations referred to as a pre-payment certificate) shall be granted either–

(a) by a Board as soon as reasonably practicable following, or

(b) by a chemist or doctor duly approved by a Board to grant such certificates immediately upon,

payment of the sum prescribed by paragraph (5) below to any person who duly completes and submits an application therefor on a form provided for the purpose by the Board.”.

(6) Subject to regulation 3 below, in regulation 8(5) (pre-payment certificates)–

(a) for “£31.90” there is substituted “£32.40”; and

(b) for “£87.60” there is substituted “£89.00”.

(7) In regulation 8(10) and (11) (pre-payment certificates), for “prescribed sum” in each place where it appears there is substituted “sum prescribed”.

(8) In regulation 8(13) (pre-payment certificates), for “Board which received the sum prescribed under this regulation” there is substituted “Board which either received the sum prescribed under this regulation or approved the chemist or doctor to grant pre-payment certificates”.

(9) For Schedules 1, 2 and, subject to regulation 3 below, 3 there are substituted those Schedules as set out in the Schedule to these Regulations.

Transitional provisions

3.  Regulation 2(1) and (4) to (9) shall apply in relation to supplies of drugs and appliances and payments for pre-payment certificates made on or after 1st April 2002 except that–

(a) the amendment of regulation 8(5) (pre-payment certificates) of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 by regulation 2(4) above shall apply only where the application referred to in paragraph (1) of the said regulation 8 is received on or after that date; and

(b) the substitution of Schedule 3 by regulation 2(9) 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

6th March 2002