The National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002

Amendment of regulation 7 of the principal regulations

7.  Regulation 7 of the principal regulations (exemptions) is amended as follows:

(a) in paragraph (1)(d) and (1)(e), for “a Health Authority” there is substituted “the Secretary of State”;

(b) in paragraph (6)(a), after “pharmaceutical services” there is inserted “or local pharmaceutical services”; and

(c) for paragraph (7) there is substituted—

“(7) Where a claim to exemption has been made but is not substantiated, and in consequence of the claim a charge has not been recovered—

(a) if the drugs or appliances were supplied by an NHS Trust, then that NHS Trust shall recover that charge from the person concerned; or

(b) if the drugs or appliances were supplied by—

(i) a Primary Care Trust,

(ii) a chemist on a Primary Care Trust’s list; or

(iii) a chemist who has entered into an agreement with a Primary Care Trust to provide local pharmaceutical services,

then that Primary Care Trust shall recover that charge from the person concerned.”.