The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2006

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2006 and shall come into force on 1st April 2006.

(2) In these Regulations “the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(1).

Amendment of the principal Regulations

2.—(1) Subject to regulation 3 below, the principal Regulations are amended as follows.

(2) In regulation 2(1) (interpretation)–

(a) in the definition of “prescription form”(2) insert–

(i) “either” after “means”; and

(ii) after paragraph (b)–

“or

a form on which domiciliary oxygen has been ordered–

(i) by a prescriber in England or Wales for a patient normally resident in England or Wales; and

(ii) in relation to which the patient named on the form (or a person on the patient’s behalf) completes and signs a declaration of entitlement to exemption or a statement that a charge has been paid,

and includes a prescription form provided and issued under equivalent arrangements having effect in England, Wales and Northern Ireland;”.

(b) in the definition of “supplementary prescriber”(3)–

(i) omit “or” at the end of paragraph (c); and

(ii) insert at the end of paragraph (d)–

“; or

(e) the register of optometrists maintained by the General Optical Council in terms of section 7 (register of opticians) of the Opticians Act 1989(4);”.

(3) In regulation 3(1)(b) (supply of drugs and appliances by chemists)(5)–

(a) for “£6.50” substitute £6.65”;

(b) insert after “where”, “(i)”; and

(c) insert at the end–

“; or

(ii) a declaration of entitlement to exemption is duly completed and signed in respect of an order for domiciliary oxygen issued by a prescriber in England or Wales for a patient normally resident in England or Wales”.

(4) In regulation 6 (fabric supports and wigs) omit paragraphs (3) to (5).

(5) In regulation 7(1) (exemptions) omit “other than regulation 6”.

(6) In regulation 7(2)(a) (exemptions)–

(a) insert after “chemist,” where it first appears “(i)”; and

(b) insert after “exemption” where it second appears–

“; or

(ii) a declaration of entitlement to exemption is duly completed and signed in respect of an order for domiciliary oxygen issued by a prescriber in England or Wales for a patient normally resident in England or Wales”.

(7) In regulation 8(5) (pre-payment certificates)(6)–

(a) for “£33.90” substitute “£34.65”; and

(b) for “£93.20” substitute “£95.30”.

(8) For Schedules 1, 2 and 3 (charges for elastic hosiery, for tights and for fabric supports and wigs)(7) substitute Schedules 1, 2 and 3 set out in the Schedule to these Regulations.

Transitional provisions

3.  Regulation 2(3) to (8) shall apply in relation to supplies of drugs and appliances and payments for pre-payment certificates made on or after 1st April 2006 except that–

(a) the amendment of regulation 8(5) (pre-payment certificates) of the principal Regulations by regulation 2(7) 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 substitution of Schedule 3 in the principal Regulations by regulation 2(8) shall apply only where the examination or first examination leading to the supply of the specified appliance takes place on or after that date.

LEWIS MACDONALD

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House,

Edinburgh

14th March 2006