2010 No. 366

National Health Service

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No. 2) Regulations 2010

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), 28(1), 69(1) and (2), 75(a), 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 (No. 2) Regulations 2010 and come into force on 15th November 2010.

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 2(1) (interpretation) in the definition of “terms of service” for “National Health Service (General Dental Services) (Scotland) Regulations 1996” substitute “National Health Service (General Dental Services) (Scotland) Regulations 2010”.

3

After regulation 2(2)(b) insert—

c

the supply of quantities of the same drug in more than one strength against an order on a single Scottish prescription form or a single equivalent prescription form (or more than one form where the forms presented have been ordered by the same person, for the patient, on the same date) shall be deemed to be the supply of only one quantity of a drug.

4

After regulation 3(2)(b) (cases where chemist does not make or recover charges) insert—

; or

c

an equivalent prescription form provided and issued under arrangements having effect in Northern Ireland is presented by the patient.

5

In regulation 3(6) (cases where sum due by a Health Board to a chemist is reduced) after “paragraph (2)(a) or (b)” insert “or provision in consequence of the presentation of an equivalent prescription form provided and issued under arrangements having effect in Northern Ireland”.

6

In regulation 7(1) (exemptions)—

a

in sub-paragraph (e) for “, Wales or Northern Ireland” substitute “or Wales”;

b

in sub-paragraph (g) for “, Wales or Northern Ireland” substitute “or Wales”;

c

in sub-paragraph (k) omit “or Northern Ireland”;

d

after sub-paragraph (k) insert—

1

a person who presents an equivalent prescription form provided and issued under arrangements having effect in Northern Ireland.

7

After regulation 7(2)(d) (conditions required for exemption from charges) insert—

e

the supply is in consequence of the presentation of an equivalent prescription form provided and issued under arrangements having effect in Northern Ireland.

SHONA ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(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”).

Regulation 2(2) amends the definition of “terms of service” to take account of the revocation of the National Health Service (General Dental Services) (Scotland) Regulations 1996 (S.I. 1996/177) and their replacement by the National Health Service (General Dental Services) (Scotland) Regulations 2010 (S.S.I. 2010/208).

Regulation 2(3) provides that within the principal Regulations the supply of quantities of the same drug in more than one strength shall be deemed to be the supply of only one quantity of a drug where the drug is ordered on a single Scottish prescription form or a single equivalent prescription form, or on more than one form provided the forms are presented together and have been ordered for the patient by the same person on the same date.

Regulation 2(4) provides that a chemist will not make and recover any charge under regulation 3(1) of the principal Regulations where the patient presents a Northern Irish prescription form.

Regulation 2(5) provides that the sum which a Health Board must pay to a chemist in respect of the provision of pharmaceutical services will not be reduced where the services have been provided following presentation of a Northern Irish prescription form.

Regulation 2(6)(d) and (7) provide that patients who present a Northern Irish prescription form will be exempt from any charge under the principal Regulations. Regulation 2(6)(a) to (c) amend regulation 7(1)(e), (g) and (k) of the principal Regulations to recognise that Northern Irish prescription forms will be dispensed free of charge regardless of exemption status.