The National Health Service (Charges for Drugs and Appliances) (Scotland) (No. 2) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the making and recovery of charges for drugs and appliances (other than dental or optical appliances) supplied under or by virtue of the National Health Service (Scotland) Act 1978 (“the Act”).

The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 (“the 2001 Regulations”) were consolidated (with some modifications) by the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2007 (“the 2007 Regulations”) which were amended by the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2007.

These Regulations make some further modifications to the 2007 Regulations. In view of the recent consolidation, and to assist the reader, the modifications have been effected by revoking the 2007 Regulations and making new regulations incorporating these modifications.

Some changes have been made to the scheme operating under the 2007 Regulations as noted below.

There are no changes to the rates of charge.

Regulation 1 provides that the Regulations shall come into force on 1st October 2007.

Regulation 2 defines the meaning of terms used in the Regulations.

New definitions have been added of–

(a) "the Agency"

(b) “the revoked 2007 Regulations”; and

(c) “pharmacist independent prescriber”.

The definition of “prescriber” has been amended to include “pharmacist independent prescriber” in anticipation of the proposed introduction of pharmacist independent prescribing in Scotland.

Regulation 3 provides that chemists who provide pharmaceutical services to patients shall make and recover charges in respect of the supply of drugs and appliances except where a declaration of entitlement to exemption is completed in respect of a patient.

Regulation 4 provides that doctors who provide certain pharmaceutical services to patients shall make and recover charges in respect of the supply of drugs and appliances and are to remit the sum recovered in charges to the relevant Health Board.

Regulation 5 provides that a Health Board which supplies hospital out-patients with drugs or appliances shall make and recover charges in respect of drugs or appliances supplied to the out-patients.

Regulation 6 provides that a Health Board shall make and recover a charge from a patient in respect of the supply of a fabric support or wig.

Regulation 7 provides for exemptions from charges for certain patients including those under the age of 16 or those who have a listed medical condition, or where the patient has an exemption certificate. An additional category of exemption has been added (paragraph (1)(g)) for persons to whom drugs specified in Schedule 4 (drugs to treat tuberculosis) are supplied.

Regulation 8 provides for pre-payment certificates in respect of charges for drugs and appliances and for the circumstances in which a claim for refund of the cost of a certificate can be made. Paragraph (1) has been amended to provide that the application form for a certificate is to be sent to the address specified in the form. Paragraph (3) has been amended to specify the permitted validity dates of the certificate. Paragraphs (6), (8) and (11) have been amended to clarify that the amount of a refund shall be calculated by reference to the amount paid for the certificate, or the appropriate specified fraction of that amount.

Regulation 9 enables a person who was eligible for exemption from charges at the time of payment to claim a refund of those charges. Such claims shall be made on a form provided for the purpose and shall be accompanied by appropriate evidence in support of the claim. The claim form is available from Community Pharmacists.

Regulation 10(1) revokes the regulations which have been consolidated by these Regulations.

Regulation 10(2) makes transitional provisions.

Schedule 1 sets out the charges for elastic hosiery.

Schedule 2 sets out the charges for tights.

Schedule 3 sets out the charges for fabric supports and wigs.

A new Schedule 4 has been added specifying the drugs used to treat tuberculosis for which exemption from charges is provided in regulation 7(1)(g).

Schedule 5 lists the regulations revoked by these Regulations.