The National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003

Amendment of regulation 3

19.—(1) Regulation 3 (supply of drugs and appliances by chemists) is amended as follows.

(2) In paragraph (1), for “A chemist” substitute “Except as provided in paragraph (1A), a chemist”.

(3) After paragraph (1) insert—

“(1A) A chemist who provides repeat dispensing services to a patient shall, subject to paragraph (3), make and recover from that patient in respect of each batch issue—

(a) in respect of an item of elastic hosiery a charge of £6.30, that is to say a charge of £12.60 per pair;

(b) in respect of the supply of each other appliance and of each quantity of a drug, a charge of £6.30.

(1B) Where a charge is paid under paragraph (1A), the person making the payment shall on doing so sign a declaration in writing on the batch issue that the relevant charge has been paid.”.

(4) For paragraph (3) substitute—

“(3) No charges shall be made and recovered under paragraph (1) or paragraph (1A) where—

(a) there is exemption under regulation 7 and a declaration of entitlement to exemption is duly completed by or on behalf of the patient—

(i) in cases falling within paragraph (1A), on the batch issue at the time that the drug or appliance is supplied,

(ii) in cases involving a prescription form falling within regulation 2A, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing, or

(iii) in all other cases, on the prescription form;

(b) there is entitlement to remission of the charge under regulation 3 of the Travelling Expenses and Remission of Charges Regulations and a declaration of entitlement to remission is duly completed by or on behalf of the patient either—

(i) in cases falling within paragraph (1A), on the batch issue at the time that the drug or appliance is supplied,

(ii) in cases involving a prescription form falling within regulation 2A, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing, or

(iii) in all other cases, on the prescription form; or

(c) the patient is resident in a school or institution the name of which is inserted on the prescription form by a doctor under paragraph 45 of Schedule 2 to the National Health Service (General Medical Services) Regulations 1992(1) or under an equivalent provision of a pilot scheme.”.

(5) In paragraph (5)—

(a) after “prescription form” insert “or repeatable prescription”; and

(b) after “paragraph (1)” insert “or paragraph (1A)”.

(6) In paragraph (6), after “paragraph (1)” insert “or paragraph (1A)”.

(1)

S.I. 1992/635. Paragraph 45 was amended by regulation 31(1) and (4)(c) of S.I. 2002/2861.