National Health Service Act 1977

SCHEDULE 12 E+W+S Additional Provisions as to Regulations for the Makingand Recovery of Charges

Regulations under section 77—charges for drugs, medicines orappliances, or pharmaceutical services E+W+S

1 (1) No charge shall be made under section 77(1) above in relation to the supply of drugs, medicines and appliances referred to in paragraph (a) of that subsection in respect of— E+W+S

(a) the supply of any drug, medicine or appliance for a patient who is for the time being resident in hospital, or

(b) the supply of any drug or medicine [F1 (otherwise than in accordance with section 28C arrangements)][F2 or LPS arrangements] for the treatment of venereal disease, or

(c) the supply of any appliance (otherwise than in pursuance of paragraph (b) of section 5(1) above) for a person who is under 16 years of age [F3 or is under 19 years of age and receiving qualifying full-time education, or]

(d) the replacement or repair of any appliance in consequence of a defect in the appliance as supplied,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F1 Words in Sch. 12 para. 1(1)(b) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 31; S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

F2 Words in Sch. 12 para. (1)(b) inserted (E.) (12.12.2002) by The National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 (S.I. 2002/2861), reg. 25

F3 Words substituted by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 1

F4 Words repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16(2), Sch. 5

F5 Sch. 12 para. 1(2) repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16(2), Sch. 5

Regulations under section 78—charges for dental or optical appliances E+W+S

2 [F6 (1) The optical appliances referred to in section 78(1) above are glasses and contact lenses, and the charge for glasses and contact lenses which that subsection authorises is a charge of such sum as may be determined by or in accordance with directions given by the Secretary of State.] E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(2) Regulations may—

(a) vary the amount or maximum amount of any charge authorised by section 78(1) for any . . . F8 optical appliance, and this power includes power to direct that the charge shall not be payable; or

(b) vary the descriptions of appliances for which any such charge is authorised;

and regulations made for the purposes of section 78(1) may be made so as to take effect—

(i) in the case of appliances supplied under this Act otherwise than under Part II, where the examination or testing of sight (otherwise than under that Part) leading to the supply of those appliances, or the first such examination or testing, takes place on or after the date on which the regulations come into force;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(3) No charge shall be made under section 78(1) [F11 or (1A)] in respect of any appliance supplied otherwise than under Part II to a patient for the time being resident in a hospital.

(4) No charge shall be made under section 78 [F12 (1A)] in respect of the supply of a dental appliance if at the relevant time the person for whom that appliance was supplied—

[F13 (a) was under [F14 18] years of age or was under 19 years of age and receiving qualifying full-time education; or]

(b) was an expectant mother or had borne a child within the previous twelve months.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(6) Regulations made with respect to any exemption under sub-paragraph (4) . . . F7 above may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

(7) In sub-paragraphs (4) . . . F7 “the relevant time” means—

(a) in relation to a dental appliance supplied otherwise than under Part II, . . . F7 the time of the examination . . . F7 leading to the supply of the appliance, or the first such examination . . . F7 ;

(b) in relation to a dental appliance supplied under Part II, the time of the making of the contract or arrangement in pursuance of which the appliance is supplied.

(8) References in section 78 and in this paragraph to the supply of appliances shall be construed as including references to their replacement [F16 and, in the case of dentures, to their being relined or adjusted or having additions made to them,] but no charge shall be made under those provisions in respect of the replacement of dentures . . . F7 if the replacement is required in consequence of loss or damage.

Textual Amendments

F6 Sch. 12 para. 2(1) substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 8(1)

F7 Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F8 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F9 Sch. 12 para. 2(2)(ii) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F10 Para 2(2)(iii) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. 1

F11 Words inserted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 8(2)

F12 Word substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(1), Sch. 2 para. 8(3)

F13 Para. 2(4)(a) substituted by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 2(3)

F14 Word substituted by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 11(8)

F15 S. 15(2), Sch. 12 para. 2(5) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F16 Words inserted by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 2(5)

[F17 2A (1) It shall be the duty of the Secretary of State to provide by regulations for payments to be made by him or by any authority established under this Act to meet, or to contribute towards, the cost incurred (whether by way of charge under this Act or otherwise) for the supply of optical appliances for which a prescription has been given in consequence of a testing of sight under this Act— E+W+S

(a) for a child;

(b) for a person whose resources fall to be treated under the regulations as being less than his re quirements;

or

(c) for a person of such other description as may be prescribed

[F18 or for which a prescription has been given for a person such as is mentioned in paragraph (a), (b) or (c) above in consequence of a testing of sight (not being a testing of sight under this Act) which took place in prescribed circumstances].

(2) In sub-paragraph (1) above “child” means—

(a) a person who is under the age of 16 years; or

(b) a person who is under the age of 19 years and receiving qualifying full-time education.

[F19 (3) The Secretary of State may by regulations—

(a) provide for himself or such authority established under this Act as may be prescribed to contribute to the cost of a testing of sight which he or the prescribed authority accepts as having been incurred by a person whose resources fall to be treated under the regulations as exceeding his requirements but only by an amount calculated under the regulations;

(b) provide for payments to be made by him or by such authority established under this Act as may be prescribed to meet, or to contribute towards, any cost accepted by him or by the prescribed authority as having been incurred (whether by way of charge under this Act or otherwise) for the replacement or repair in prescribed circumstances of optical appliances for which a prescription was given in consequence of a testing of the sight of a person of a prescribed description; and

(c) direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this sub-paragraph, give any such direction as to how they are to be calculated as may be given by regulations under section 83A(3) above.

(3A) Descriptions of persons may be prescribed under this paragraph by reference to any criterion and, without prejudice to the generality of this sub-paragraph, by reference to any of the criteria specified in section 83A(2) above.

(3B) Subsection (4) of section 83A above shall have effect in relation to regulations under this paragraph as it has effect in relation to regulations under that section.]

(4) If regulations under this paragraph provide for payments to be made by an authority established under this Act, it shall be the duty of the Secretary of State to pay to the authority, in respect of each financial year, the sum attributable to the authority’s disbursements under the regulations.

(5) Sums falling to be paid in pursuance of regulations made under this paragraph shall be payable subject to compliance with such conditions as to records, certificates or otherwise as the Secretary of State may determine.]

Textual Amendments

F17 Para. 2A inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(6), Sch. 1 para. 3

F18 Words added by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(2)

F19 Sch. 12 para. 2A(3)(3A)(3B) substituted for para. 2A(3) by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(3)

Regulations under section 79—charges for dental treatment E+W+S

3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 E+W+S

(2) Regulations may vary the amount or the maximum amount of any charge (including power to direct that the charge shall not be payable) authorised by section 79(1); and no charge shall be made under that section for any services provided in pursuance of a contract or arrangement under which the first examination took place before 29th May 1952.

(3) Where any services in respect of which a charge is payable under section 78 above are provided in pursuance of a contract or arrangement, the charges payable under that section and section 79(1) in respect of all services provided in pursuance of the contract or arrangement shall not exceed a prescribed sum in the aggregate.

(4) No charge shall be made under section 79(1) in respect of services provided for any person who, on the date of the contract or arrangement for the services—

[F21 (a) was under 18 years of age or was under 19 years of age and receiving qualifying full-time education, or]

(b) was an expectant mother or had borne a child within the previous 12 months.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(5) Regulations [F23 made with respect to any exemption under sub-paragraph (4) above], may provide that it shall be a condition of the exemption that such declaration is made in such form and manner, or such certificate or other evidence is supplied in such form and manner, as may be prescribed.

Textual Amendments

F20 Sch. 12 para. 3(1) repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

F21 Words substituted by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 3(2)

F22 Words repealed by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 3(2)

F23 Words substituted by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 3(3)

Miscellaneous Provisions E+W+S

4 E+W+S For the purposes of paragraph (a) of section 5(1) above and paragraph 1(a) of Schedule 1 to this Act (which provide for the Secretary of State to arrange for the free medical treatment of certain pupils) any charge made in pursuance of regulations under this Act in respect of the supply of drugs, medicines or appliances shall be disregarded.

5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F24 Sch. 12 para. 5 repealed by Social Security Act 1988 (c. 7, SIF 113:1), s. 16(2), Sch. 5

6 E+W+S For the purposes of sections 77 and 78 above and of this Schedule, a bridge, whether fixed or removable, which takes the place of any teeth shall be deemed to be a denture having that number of teeth; . . . F25

Textual Amendments

F25 Words repealed by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 25(2), Sch. 3

[F26 7 E+W+S References in this Schedule to qualifying full-time education mean full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purposes of such references—

(a) “recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and

(b) regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.]

Textual Amendments

F26 Para. 7 substituted by Health Services Act 1980 (c. 53, SIF 113:2), s. 25(2), Sch. 5 Pt. I para. 4