2009 No. 37

NATIONAL HEALTH SERVICE

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2009

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 27(1) and (2), 69(1) and (2), 75A, 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and all other powers enabling them to do so.

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2009 and come into force on 1st April 2009.

2

In these Regulations “the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 20082.

Amendment of the principal Regulations2

1

The principal Regulations are amended as follows.

2

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

a

in paragraph (1)(a)(i) for “£5.00” substitute “£4.00” and for £10.00” substitute “£8.00”;

b

in paragraph (1)(a)(ii) for “1st April 2008” substitute “1st April 2009”3;

c

in paragraph(1)(b)(i) for “£5.00” substitute “£4.00”; and

d

in paragraph (1)(b)(ii) for “1st April 2008” substitute “1st April 2009”4.

3

In regulation 4 (supply of drugs and appliances by doctors)–

a

in paragraph (1)(a) for “£5.00” substitute “£4.00” and for “£10.00” substitute “£8.00”; and

b

in paragraph (1)(b) for “£5.00” substitute “£4.00”.

4

In regulation 5 (supply of drugs and appliances to out patients)–

a

in paragraph (1)(a) for “£5.00” substitute “£4.00” and for “£10.00” substitute “£8.00”;

b

in paragraph (1)(b) for “£10.00” substitute “£8.00; and

c

in paragraph (1)(c) for “£5.00” substitute “£4.00”.

5

In regulation 7 (exemptions) in paragraph (1)(g) omit from “on” to the end.

6

In regulation 8 (pre payment certificates), in paragraph (4) for “£17.00” substitute “£13.00” and for “£48.00” substitute “£38.00”.

7

In Schedule 1 (charges for fabric supports and wigs), in column 2 for “£5.00” each time it appears substitute “£4.00”.

Transitional provisions3

Regulation 2(2) to (6) applies in relation to supplies of drugs and appliances and payments for pre payment certificates made on or after 1st April 2009 except that–

a

the amendment of regulation 8(4) (pre payment certificates) of the principal Regulations by regulation 2(6) shall apply in respect of such applications, as referred to in regulation 8(1) of the principal Regulations, as are received on or after that date; and

b

the amendments to Schedule 1 of the principal Regulations by regulation 2(7) shall apply only where the examination or first examination leading to the supply of the specified appliance takes place on or after that date.

S ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008 (“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) to (4) decreases the charge for drugs, medicines and appliances from £5.00 to £4.00. Regulations 2(2)(b) and (d) update the charge in the principal Regulations for a prescription presented on an English, Welsh or Northern Irish prescription form from £7.10 to £ to reflect the English rate from 1st April 2009.

Regulation 2(5) removes the requirement that an exemption certificate from England, Wales or Northern Ireland must be on the ground that the person is suffering from one of the conditions specified in the principal Regulations.

Regulation 2(6) decreases the sum payable in respect of a pre payment certificate from £17.00 to £13.00 for a 4 month certificate, and from £48.00 to £38.00 for a 12 month certificate.

Regulation 2(7) decreases the charge payable for fabric supports and wigs from £5.00 to £4.00.

Regulation 3 provides that the amendments made by regulation 2(2) to (6) shall apply in respect of supplies of drugs and appliances and payments for pre-payment certificates made on or after 1st April 2009, except that the amendment made by regulation 2(6) shall apply to applications for pre-payment certificates received on or after 1st April 2009, and the amendment made by regulation 2(7) applies where the examination leading to the supply of an appliance takes place on or after 1st April 2009.