The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 1990

Made: 5th March 1990

Laid before Parliament: 9th March 1990

Coming into force: 1st April 1990

The Secretary of State, in exercise of the powers conferred on him by sections 19, 25, 27, 69, 75(a), 105 and 108(1) of, and paragraph 1 of Schedule 11 to, the National Health Service (Scotland) Act 1978[^f00001], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 1990 and shall come into force on 1st April 1990.

• (2) In these Regulations, “the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989[^f00002].

Amendments of amounts specified in the principal Regulations

2

• (1) In regulation 3(1)(b) of the principal Regulations (“Supply of drugs and appliances by chemists”), for the figure “£2.80”, there shall be substituted the figure “£3.05”.

• (2) In regulation 8(5) of the principal Regulations (“Pre-payment certificates”)–

• (a) for the figure “£14.50” there shall be substituted the figure “£15.80”; and

• (b) for the figure “£40.00” there shall be substituted the figure “£43.50”.

• (3) For Schedules 1, 2 and 3 to the principal Regulations there shall be substituted those Schedules as set out in the Schedule to these Regulations.

Amendment of regulation 7 (“Exemptions”) of the principal Regulations

3

In regulation 7(1)(e)(ii) of the principal Regulations (“Exemptions”)–

• (a) the words “the following disorders for which specific substitution therapy is essential:–” shall be deleted;

• (b) for the words from “Addison’s disease” to “hypoadrenalism,” there shall be substituted the words “forms of hypoadrenalism (including Addison’s disease) for which specific substitution therapy is required,”; and

• (c) after the words “diabetes mellitus” there shall be inserted the words “except where treatment is by diet alone”.

Application

4

The principal Regulations, as amended by these Regulations, shall apply only where drugs are supplied after 31st March 1990 except that–

• (a) regulation 6 (“Fabric supports and wigs”) of the principal Regulations, as so amended, shall apply only where the examination or first examination leading to the supply of the specified appliance takes place after that date; and

• (b) regulation 8 (“Pre-payment certificates”) of the principal Regulations, as so amended, shall apply only where the application referred to in pa1ragraph (1) of that regulation is received after that date.

SCHEDULE

Signed

Michael B. Forsyth — Parliamentary Under Secretary of State, Scottish Office — 5th March 1990

Explanatory note

(This note is not part of the Regulations)

These Regulations, which come into force on 1st April 1990, amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 (“the principal Regulations”) which provide for the making and recovery of charges for drugs and appliances (other than dental or optical appliances) supplied by chemists and doctors under or by virtue of the National Health Service (Scotland) Act 1978.

Regulation 2 provides for increases in the charges specified for the supply of drugs and appliances, elastic hosiery and fabric supports and wigs.

The charge for most items on prescription or supplied to an out-patient is increased from £2.80 to £3.05. The charge for an elastic stocking is increased from £2.80 to £3.05 and for tights from £5.60 to £6.10 per pair. The charge for surgical brassieres is increased from £12.00 to £13.00 and for fabric supports from £16.00 to £17.00. The charges for wigs are increased from £24.00 to £26.00 (modacrylic wig) and from £62.00 to £67.00 (partial human hair wig). The charge for a full bespoke human hair wig remains at £97.00. The sums prescribed for the provision of pre-payment certificates of exemption from charges are increased from £14.50 to £15.80 for a four month certificate and from £40.00 to £43.50 for a twelve month certificate.

Regulation 3 makes minor amendments to the list of medical conditions set out in regulation 7(1)(e)(ii) of the principal Regulations, sufferers from which are exempted from payment of charges.

Footnotes

[^f00001]: 1978 c. 29; section 19 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 7, paragraph 2, and by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a); section 25 was amended by the 1980 Act, Schedule 6, paragraph 4, by S.I. 1981/432, by the 1983 Act, section 16 and by the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 11; section 27 was amended by the 1980 Act, section 20(2), by the National Health Service (Amendment) Act 1986 (c. 66), section 3(3) and by S.I. 1987/2202; section 105, which was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the 1983 Act, Schedule 9, paragraph 24, contains provisions relevant to the making of regulations; and section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made.

[^f00002]: S.I. 1989/326.