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

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”(1) 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”(2)–

(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(3);”.

(3) In regulation 3(1)(b) (supply of drugs and appliances by chemists)(4)–

(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)(5)–

(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)(6) substitute Schedules 1, 2 and 3 set out in the Schedule to these Regulations.

(1)

The definition of “prescription form” was substituted by S.S.I. 2003/295, and amended by S.S.I. 2004/212.

(2)

The definition of “supplementary prescriber” was inserted by S.S.I. 2003/295 and amended by S.I. 2004/1771 and S.S.I. 2005/326.

(3)

(c.44) Section 7 was amended by S.I. 2005/848, Art 7.

(4)

Regulation 3 was amended by S.S.I. 2002/100, 2003/130, 2004/66, 2005/124 and 2005/617.

(5)

Regulation 8 was amended by S.S.I. 2002/100, 2003/130 and 2004/66.

(6)

Schedules 1, 2 and 3 were substituted by S.S.I. 2002/100, 2003/130, 2004/66 and 2005/124.