The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2010

Made: 5th January 2010

Laid before the Scottish Parliament: 6th January 2010

Coming into force: 1st April 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 69(1) and(2), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2010 and come into force on 1stApril 2010.

• (2) In these Regulations “theprincipal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008[^f00002].

Amendment of the principal Regulations

2

• (1) The principal Regulations are amended in accordance with this regulation.

• (2) In regulation 3 (supply of drugs and appliances by chemists)—

• (a) in paragraph (1)(a)(i) for “£4.00” substitute “£3.00” and for “£8.00” substitute “£6.00”;

• (b) in paragraph (1)(a)(ii) for “1stApril 2009” substitute “1stApril 2010”[^f00003];

• (c) in paragraph(1)(b)(i) for “£4.00” substitute “£3.00”; and

• (d) in paragraph (1)(b)(ii) for “1stApril 2009” substitute “1stApril 2010”[^f00004].

• (3) In regulation4 (supply of drugs and appliances by doctors)—

• (a) in paragraph (1)(a) for “£4.00” substitute “£3.00” and for “£8.00” substitute “£6.00”; and

• (b) in paragraph (1)(b) for “£4.00” substitute “£3.00”.

• (4) In regulation5 (supply of drugs and appliances to out‑patients)—

• (a) in paragraph (1)(a) for “£4.00” substitute “£3.00” and for “£8.00” substitute “£6.00”;

• (b) in paragraph (1)(b) for “£8.00” substitute “£6.00”; and

• (c) in paragraph (1)(c) for “£4.00” substitute “£3.00”.

• (5) In regulation8 (pre‑payment certificates), in paragraph (4) for “£13.00” substitute “£10.00” and for “£38.00” substitute “£28.00”.

• (6) In Schedule1 (charges for fabric supports and wigs), in column 2 for “£4.00” each time it appears substitute “£3.00”.

Transitional provisions

3

Regulation2(2) to (6) applies in relation to supplies of drugs and appliances and payments for pre‑payment certificates made on or after 1stApril 2010 except that—

• (a) the amendment of regulation 8(4) (pre‑payment certificates) of the principal Regulations by regulation2(5) shall apply in respect of such applications, as referred to in regulation8(1) of the principal Regulations, as are received on or after that date; and

• (b) the amendments to Schedule1 of the principal Regulations by regulation2(6) shall apply only where the examination or first examination leading to the supply of the specified appliance takes place on or after that date.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 5th January 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008 (“theprincipal 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 section17C arrangements, or by Health Boards to out‑patients.

Regulation2(2) to (4) decreases the charge for drugs, medicines and appliances from £4.00 to £3.00.

Regulation 2(2)(b) and (d) updates the principal Regulations so that the charge for a prescription presented on an English, Welsh or Northern Irish prescription form will reflect the English rate from 1st April 2010.

Regulation2(5) decreases the sum payable in respect of a pre‑payment certificate from £13.00 to £10.00 for a 4month certificate, and from £38.00 to £28.00 for a 12month certificate.

Regulation2(6) decreases the charge payable for fabric supports and wigs from £4.00 to £3.00.

Regulation3 provides that the amendments made by regulation2(2) to (6) shall apply in respect of supplies of drugs and appliances and payments for pre‑payment certificates made on or after 1stApril 2010, except that the amendment made by regulation2(5) shall apply to applications for pre‑payment certificates received on or after 1stApril 2010, and the amendment made by regulation2(6) applies where the examination leading to the supply of an appliance takes place on or after 1stApril 2010.

Footnotes

[^f00001]: 1978 c.29; section105(7) was amended by the Health Services Act 1980 (c.53), Schedule6, paragraph5(1) and Schedule7, the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule9, paragraph24, and by the Health Act 1999 (c.8) (“the 1999 Act”), Schedule4, paragraph60; section108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. See section66(1) of the 1999 Act in relation to any provision of that Act being taken to be a pre‑commencement enactment within the meaning of the Scotland Act 1998 (c.46) (“the1998 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the 1998 Act.

[^f00002]: S.S.I.2008/27, amended by S.S.I.2008/105 and 2009/37, 177 and 183.

[^f00003]: The charge specified in regulation 3(1)(a) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (S.I. 2000/620) (“the 2000 Regulations”) as at type=start slip=2013-03-01 time=13321581181121st April 2010, is £7.20type=end slip=2013-03-01 time=1332158118112, that is to type=start slip=2013-03-01 time=1332158190957say a charge of £14.40 per pairtype=end slip=2013-03-01 time=1332158190957.

[^f00004]: The charge specified in regulation 3(1)(b) of the 2000 Regulations, as at type=start slip=2013-03-01 time=13321582277541st April 2010, is £7.20type=end slip=2013-03-01 time=1332158227754.