The National Health Service (Personal Medical Services Agreements) Regulations 2015

Fees and charges

18.—(1) The agreement must contain terms relating to fees and charges which have the same effect as those set out in paragraphs (2) to (4).

(2) The contractor may not, either itself or through any other person, demand or accept from any patient of the contractor a fee or other remuneration, for its own or another’s benefit, for—

(a) the provision of any treatment whether under the agreement or otherwise; or

(b) a prescription or repeatable prescription for any drug, medicine or appliance,

except in circumstances set out in regulation 19.

(3) Subject to paragraph (4), where—

(a) a person applies to a contractor for the provision of services;

(b) claims to be entitled to be treated by the contractor without paying a fee or other remuneration; and

(c) the contractor has reasonable doubts about that person’s claim,

the contractor must give any necessary treatment to that person and may demand and accept from that person a reasonable fee accordingly in accordance with regulation 19(e).

(4) Where—

(a) a person from whom a contractor received a fee under regulation 19(e) applies to the Board for a refund within 14 days from the date of payment of the fee (or within such longer period not exceeding one month as the Board may allow if it is satisfied that the failure to apply within 14 days was reasonable); and

(b) the Board is satisfied that the person was entitled to be treated by the contractor without paying a fee or other remuneration when the treatment was given,

the Board may recover the amount of the fee from the contractor, by deduction from the contractor’s remuneration or otherwise, and must pay the amount recovered to the person who paid the fee.