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The National Health Service (Charges for Drugs and Appliances) (Amendment) (No. 2) Regulations 2017

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This Statutory Instrument has been made in consequence of a defect in SI 2017/408 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2017 No. 457

National Health Service, England

The National Health Service (Charges for Drugs and Appliances) (Amendment) (No. 2) Regulations 2017

Made

22nd March 2017

Laid before Parliament

23rd March 2017

Coming into force

1st April 2017

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 172, 178 and 272(7) of the National Health Service Act 2006(1).

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Amendment) (No. 2) Regulations 2017 and come into force on 1st April 2017.

Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2015

2.—(1) The National Health Service (Charges for Drugs and Appliances) Regulations 2015(2) are amended as follows.

(2) In each of the following provisions, for “£8.40” substitute “£8.60”—

(a)regulation 3(7) (supply of drugs and appliances by chemists); and

(b)regulation 7(5) (supply of drugs and appliances at walk-in centres).

Signed by authority of the Secretary of State for Health.

O’Shaughnessy

Parliamentary Under-Secretary of State,

Department of Health

22nd March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2015 (“the 2015 Regulations”).

The 2015 Regulations include the charges that are payable for the supply of NHS drugs and appliances in England. These charges were uprated by the National Health Service (Charges for Drugs and Appliances and Dental Charges) (Amendment) Regulations 2017 (“the 2017 Regulations”) so as to increase, generally, the prescription charge for the supply of drugs and appliances from £8.40 to £8.60, which was a 2.38% increase. Due to an error, the 2017 Regulations did not also amend the 2015 Regulations so as to include the new, uprated prescription charge in the provisions which ensure that where a drug ordered on a single prescription is supplied in instalments by a chemist or at a walk-in centre, the prescription charge that is payable for the drug is payable on (and only on) the supply of the first instalment. These Regulations correct that error.

(1)

2006 c.41. See section 275(1) of the National Health Service Act 2006 (“the Act”) for the definitions of “prescribed” and “regulations” that are relevant to the powers being exercised. The powers conferred by these sections are exercisable by the Secretary of State only in relation to England, by virtue of section 271(1) of the Act.

(2)

S.I. 2015/570: as amended by S.I. 2015/1879, 2016/325, 696 and 1077, and 2017/408.

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