The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2005

Amendment of regulation 3 of the Charges Regulations

5.—(1) Regulation 3 of the Charges Regulations (supply of drugs and appliances by chemists) is amended as follows.

(2) In paragraph (1A) for the words “in respect of each” to the end of the paragraph substitute—

“in respect of—

(a) each batch issue; and

(b) each electronic prescription form—

(i) in respect of an item of elastic hosiery a charge of £6.50, that is to say a charge of £13.00 per pair; and

(ii) in respect of the supply of each other appliance and of each quantity of a drug, a charge of £6.50.”

(3) Paragraph (1B) is deleted.

(4) For paragraph (2) substitute—

“(2) Where a charge is paid under paragraph (1), the person making the payment shall on so doing either—

(a) where a non-electronic prescription form has been issued, sign a declaration in writing on the non-electronic prescription form that the relevant charge has been paid; or

(b) where an electronic prescription form has been created, provide a declaration that the relevant charge has been paid on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a chemist.”.

(5) After paragraph (2) insert—

“(2A) Where a charge is paid under regulation (1A), the person making the payment shall on so doing either—

(a) in respect of a batch issue, sign a declaration in writing on the batch issue that the relevant charge has been paid; or

(b) in respect of an electronic repeatable prescription, provide a declaration that the relevant charge has been paid on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist.”.

(6) In paragraph (3)(a)(i) after “cases” insert “involving a batch issue”.

(7) After paragraph (3)(a)(i) insert—

“(ia) in cases involving an electronic repeatable prescription falling within paragraph (1A) on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist,”.

(8) For paragraph (3)(a)(ii) substitute—

“(ii) in cases involving an electronic prescription form, on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a chemist, or”.

(9) In paragraph (3)(a)(iii) after “on the” insert “non-electronic”.

(10) In paragraph (3)(b), for “regulation 3 of the Travelling Expenses and Remission of Charges Regulations” substitute “regulation 5 of the Travel Expenses and Remission of Charges Regulations”.

(11) In paragraph 3(b)(i) after “cases” insert “involving a batch issue”.

(12) After paragraph (3)(b)(i) insert—

“(ib) in cases involving an electronic repeatable prescription falling within paragraph (1A) on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist,”.

(13) For paragraph (3)(b)(ii) substitute—

“(ii) in cases involving an electronic prescription form, on a form provided by a Primary Care Trust for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a chemist, or”.

(14) In paragraph (3)(b)(iii) after “on the” insert “non-electronic”.

(15) In paragraph (3)(c) after “inserted on the” insert “non-electronic”.