2005 No.124

NATIONAL HEALTH SERVICE

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2005

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers in exercise of the powers conferred by sections 27(2), 69(1) and (2), 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2005 and shall come into force on 1st April 2005.

2

In these Regulations “the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 20012.

Amendment of the principal Regulations2

1

Subject to regulation 3 below, the principal Regulations are amended as follows.

2

In regulation 3(1)(b) (supply of drugs and appliances by chemists)3 for “£6.40” substitute “£6.50”.

3

In regulation 8(5) (pre-payment certificates)4–

a

for “£33.40” substitute “£33.90”; and

b

for “£91.80” substitute “£93.20”.

4

For Schedules 1, 2 and 3 (charges for elastic hosiery, for tights and for fabric supports and wigs)5 substitute Schedules 1, 2 and 3 set out in the Schedule to these Regulations.

Transitional provisions3

Regulation 2(2) to (4) shall apply in relation to supplies of drugs and appliances and payments for pre-payment certificates made on or after 1st April 2005 except that–

a

the amendment of regulation 8(5) (pre-payment certificates) of the principal Regulations by regulation 2(3) above 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 insertion of Schedule 3 into the principal Regulations by regulation 2(4) 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.

RHONA BRANKINAuthorised to sign on behalf of the Scottish MinistersSt Andrew’s House, Edinburgh

SCHEDULE

Regulation 2(4)

SCHEDULE 1CHARGES FOR ELASTIC HOSIERY

Regulations 3, 4 and 5

Column I

Column 2

Specified Appliance

Specified Sum

Above knee stocking, below knee stocking or thigh stocking

£6.50 each (i.e. £13.00 per pair)

SCHEDULE 2CHARGES FOR ELASTIC HOSIERY

Regulation 5

Column I

Column 2

Specified Appliance

Specified Sum

Tights (per pair)

£13.00

SCHEDULE 3CHARGES FOR FABRIC SUPPORTS AND WIGS

Regulation 5

Column I

Column 2

Specified Appliance

Specified Sum

Surgical Brassiere

£21.80

Abdominal or Spinal Support

£33.00

Stock Modacrylic Wig

£53.90

Partial Human Hair Wig

£142.30

Full Bespoke Human Hair Wig

£208.10

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001 (“the principal Regulations”) which provide for the making and recovery of charges for drugs, medicines and appliances supplied by chemists providing pharmaceutical services, doctors providing services under a general medical services contract or section 17C arrangements, or by Health Boards to out-patients.

Regulation 2(2) increases the charge in the principal Regulations for drugs, medicines and appliances (other than those specified in the Schedules) from £6.40 to £6.50.

Regulation 2(3) increases the sum payable in respect of a pre-payment certificate from £33.40 to £33.90 for a 4 month certificate, and from £91.80 to £93.20 for a 12 month certificate.

Regulation 2(4) increases the various charges set out in the Schedules to the principal Regulations. The charge for elastic stockings is increased from £6.40 to £6.50 each (from £12.80 to £13.00 per pair) and that for tights £12.80 to £13.00. The charge for surgical brassieres is increased from £21.50 to £21.80 and for fabric supports is increased from £32.50 to £33.00. The charges for modacrylic wigs and partial human hair wigs are increased from £53.10 to £53.90 and from £140.15 to £142.30 respectively. The charge for full human hair wigs is increased from £204.90 to £208.10.

Regulation 3 provides that the increase in charges made by regulation 2(2) to (4) shall be in respect of supplies made on or after 1st April 2005 or where examinations leading to the supply of an appliance take place on or after that date and, in respect of payments of sums for pre-payment certificates, where the pre-payment certificate itself was applied for on or after 1st April 2005.