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Statutory Instruments

2017 No. 408

National Health Service, England

The National Health Service (Charges for Drugs and Appliances and Dental Charges) (Amendment) Regulations 2017

Made

14th March 2017

Laid before Parliament

16th March 2017

Coming into force

1st April 2017

The Secretary of State for Health makes the following regulations in exercise of the powers conferred by sections 172, 176, 178 and 272(7) and (8)(a) of the National Health Service Act 2006(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances and Dental Charges) (Amendment) Regulations 2017 and come into force on 1st April 2017.

(2) In these Regulations, “the Charges Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2015(2).

Amendment of the National Health Service (Dental Charges) Regulations 2005

2.—(1) The National Health Service (Dental Charges) Regulations 2005(3) are amended as follows.

(2) In regulation 4 (calculation of charges)—

(a)in paragraph (1), for “£19.70” substitute “£20.60”;

(b)in paragraph (2), for “£53.90” substitute “£56.30”;

(c)in paragraph (3), for “£233.70” substitute “£244.30”;

(d)in paragraph (4), for “£233.70” substitute “£244.30”; and

(e)in paragraph (5), for “£19.70” substitute “£20.60”.

(3) In regulation 12A (charges in respect of primary dental services provided under a prototype agreement), in paragraph (2), for “£19.70” substitute “£20.60”.

Amendment of the Charges Regulations

3.—(1) The Charges Regulations are amended as follows.

(2) In each of the following provisions, for “£8.40”, at each place that it occurs, substitute “£8.60”—

(a)regulation 3(1)(a), (b) and (c) and (2)(a), (b) and (c) (supply of drugs and appliances by chemists);

(b)regulation 4(1)(a), (b) and (c) and (4) (supply of drugs and appliances by doctors);

(c)regulation 5(1)(a), (b) and (c) (out of hours supply of drugs and appliances by providers of out of hours services);

(d)regulation 6(1)(a), (d) and (e) (supply of drugs and appliances by NHS trusts and NHS foundation trusts);

(e)regulation 7(1)(a), (b) and (c) (supply of drugs and appliances at walk-in centres);

(f)regulation 8(1) (supply of drugs under Patient Group Directions); and

(g)regulation 9(1)(a), (d), and (e) and (8) (supply of drugs and appliances by other providers of NHS services).

(3) In each of the following provisions, for “£16.80”, at each place that it occurs, substitute “£17.20”—

(a)regulation 3(1)(a) and 3(2)(a) (supply of drugs and appliances by chemists);

(b)regulation 4(1)(a) (supply of drugs and appliances by doctors);

(c)regulation 5(1)(a) (out of hours supply of drugs and appliances by providers of out of hours services);

(d)regulation 6(1)(a) and (c) (supply of drugs and appliances by NHS trusts and NHS foundation trusts);

(e)regulation 7(1)(a) (supply of drugs and appliances at walk-in centres); and

(f)regulation 9(1)(a) and (b) (supply of drugs and appliances by other providers of NHS services).

(4) In column (2) of Schedule 1 (charges for fabric supports and wigs)—

(a)for “£27.90” substitute “£28.40”;

(b)for “£42.20” substitute “£42.95”;

(c)for “£68.90” substitute “£70.15”;

(d)for “£182.50” substitute “£185.80”; and

(e)for “£266.90” substitute “£271.70”.

Transitional provision relating to the Charges Regulations

4.  Where, on or after 1st April 2017, an appliance specified in Schedule 1 of the Charges Regulations (charges for fabric supports and wigs) is supplied pursuant to an order given before that date, the Charges Regulations are to have effect in relation to that supply as if these Regulations had not come into force.

Signed by authority of the Secretary of State for Health.

O’Shaughnessy

Parliamentary Under-Secretary of State,

Department of Health

14th March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Dental Charges) Regulations 2005 (the 2005 Regulations) and the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (the 2015 Regulations).

The 2005 Regulations include the charges that are levied for NHS dental and orthodontic treatment in England. Regulation 2 amends the 2005 Regulations to increase the charges for Band 1 courses of treatment from £19.70 to £20.60, Band 2 courses of treatment from £53.90 to £56.30 and Band 3 courses of treatment from £233.70 to £244.30. Band 1A charges in respect of interim care courses of treatment provided by contractors participating in the Prototype Agreement Scheme, scheduled to run from 1st November 2015 to 31st March 2018, are also increased from £19.70 to £20.60, in line with the Band 1 charge.

The 2015 Regulations include the charges that are payable for the supply of NHS drugs and appliances in England. Regulation 3 amends regulations 3 to 9 of the 2015 Regulations to increase the prescription charge applied for the supply of drugs, appliances and elastic hosiery from £8.40 to £8.60, which is a 2.38% increase. There are also increases to the charges for wigs and fabric supports of around 1.8%.

Regulation 4 makes transitional provision in relation to fabric supports and wigs supplied pursuant to NHS prescriptions before 1st April 2017.

(1)

2006 c.41. Section 176 of the National Health Service Act 2006 (“the Act”) was amended by paragraph 94 of Schedule 4 to the Health and Social Care Act 2012 (c.7). See section 275(1) of the Act for the definitions of “prescribed” and “regulations” that are relevant to the powers being exercised. The powers conferred by these sections are exercisable by the Secretary of State only in relation to England, by virtue of section 271(1) of the Act.

(2)

S.I. 2015/570: as amended by S.I. 2015/1879 and 2016/325, 696 and 1077.