The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008

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 and subsequently by the National Health Service (Charges for Drugs and Appliances) (Scotland) (No. 2) Regulations 2007 (“the 2007 Regulations”).

Some changes have been made to the scheme operating under the 2007 Regulations as noted below. Separate provision is being made in respect of charges payable in relation to Scottish prescription forms which are presented to chemists and charges payable in relation to equivalent prescription forms issued in England, Wales or Northern Ireland which are presented to chemists providing pharmaceutical services. The charges payable under the 2007 Regulations to 31st March 2008 are altered with effect from 1st April 2008 as follows.

The charges for drugs and appliances other than those specified in regulation 3(1)(a), 4(1)(a), or 5(1)(a) or (b) or the Schedules is reduced from £6.85 to £5.00 (regulation 3(1)(b), 4(1)(b) and 5(1)(c)).

In addition, provision is made for the equivalent charge under the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (“the 2000 Regulations”) to apply where an equivalent prescription form issued in England, Wales or Northern Ireland is presented to a chemist who provides pharmaceutical services (regulation 3(1)(b)).

The sum payable in respect of a pre-payment certificate is decreased from £35.85 to £17.00 for a 4-month certificate, and from £98.70 to £48.00 for a 12-month certificate (regulation 8(4)).

The charge for elastic stockings is reduced from £6.85 each to £5.00 each (from £13.70 to £10.00 per pair) (regulation 3(1)(a), 4(1)(a) and 5(1)(a)).

The charge for tights is reduced from £13.70 to £10.00 (regulation 5(1)(b)).

The charges for surgical brassieres is reduced from £23.10 to £5.00 (regulation 6(1) and Schedule 1).

The charges for fabric supports is reduced from £34.95 to £5.00 (regulation 6(1) and Schedule 1).

The charges for stock modacrylic wigs, partial human hair wigs and full human hair wigs is reduced from £6.85, £150.75 and £220.50 respectively to £5.00 (regulation 6(1) and Schedule 1).

Regulation 1 provides that the Regulations shall come into force on 1st April 2008.

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

New definitions have been added of–

(a) “the 2000 Regulations”;

(b) “the 2007 (No. 2) Regulations”.

The definition of “prescription form” has been omitted and replaced with definitions of “Scottish prescription form” and “equivalent prescription form” to reflect the recognition and application of the different charges applicable in respect of forms issued in Scotland and forms issued in England, Wales and Northern Ireland.

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. Separate provision is made in paragraph (1) to recognise and apply different charges according to whether a Scottish prescription form or an equivalent prescription form are presented by the patient. The exception relating to paragraph (1) now forms a separate paragraph (2). The wording of paragraphs (3), (4), (5) and (6) has been amended from that in the 2007 Regulations to reflect these changes.

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. The exception relating to paragraph (1) now forms a separate paragraph (2) and the wording of paragraphs (4) and (6) has been amended from that in the 2007 Regulations to reflect these changes.

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. The wording in paragraph (1) has been amended from that in the 2007 Regulations to make the meaning clearer to the reader.

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. Additional categories of exemption have been added (paragraph (1)(e), (g) and (k)) to recognise in Scotland valid exemption certificates issued under arrangements for exemptions for drugs and appliances in England, Wales and Northern Ireland, as well as pre-payment certificates issued in England and Northern Ireland (no pre-payment certificates are issued in Wales). Consequential amendments are made in paragraphs (3) and (5) from the corresponding paragraphs in the 2007 Regulations.

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 only a person who holds a Community Health Index number or who holds a valid entitlement card, is entitled to apply for an application form for a pre-payment certificate. Paragraphs (6), (9) and (12) have been amended from the equivalent paragraphs in the 2007 Regulations in relation to the references to the re-ordered paragraphs in regulation 7.

Regulation 9 makes provision for persons who are resident in Scotland to apply for an entitlement card, which enables the holder of that card to pay the lower charges applicable in respect of Scottish prescription forms even though they hold a prescription form which was issued from a GP practice in England. Paragraph (5) makes a consequential amendment to regulation 3(6) to modify the sum that a Health Board is under a duty to pay to a chemist in respect of the provision by the chemist of pharmaceutical services, in circumstances where a patient has an entitlement card.

Regulation 10 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 11 makes provision enabling persons who have obtained pre-payment certificates prior to 1st April 2008 which are valid for one or more complete months following that date to make an application for a partial refund of that certificate. Paragraph (2) provides that the amount of the partial refund is payable in the sum of £4.72 per unexpired complete month in respect of pre-payment certificates valid for 4 months and £4.23 per unexpired complete month in respect of pre-payment certificates valid for 12 months. Paragraph (4) provides that such claims shall be made on a form provided for the purpose by the Common Services Agency and shall be accompanied by a declaration in support of the application.

Regulation 12(1) revokes the regulations which have been consolidated by these Regulations.

Regulation 12(2) provides that certain provisions in three sets of revoked Regulations will continue to apply after 1st April 2008 for certain purposes. Regulation 12(2) also provides for the continuing validity of exemptions and pre-payment certificates issued under the three sets of revoked Regulations.

Schedule 1 sets out the charges for fabric supports and wigs.

Schedule 2 specifies the drugs used to treat tuberculosis for which exemption from charges is provided in regulation 7(1)(i).

Schedule 3 sets out consequential amendments.