The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019

Amendment of regulation 3 of the Charges Regulations

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

(2) In paragraph (6), after “13” insert “, 13A”.

(3) After paragraph (11) insert—

“(12) Where, instead of supplying a drug or appliance in accordance with a prescription form or an associated batch issue, a chemist provides a drug or appliance in accordance with a SSP, for the purposes of this regulation, the relevant form for recording an exemption or entitlement to remission of a charge is treated as being the prescription for product reimbursement purposes, as mentioned in (as the case may be)—

(a) paragraph 5A(4)(a) of Schedule 4 to the Pharmaceutical and Local Pharmaceutical Services Regulations (terms of service of NHS pharmacists – supply in accordance with a SSP);

(b) paragraph 4A(4)(a) of Schedule 5 to those Regulations (terms of service of NHS appliance contractors – supply in accordance with a SSP); or

(c) paragraph 3A(4)(a) of Schedule 7 to those Regulations (mandatory terms of LPS schemes – supply in accordance with a SSP),

but for these purposes, those provisions are to be read with regulation 119A(2)(a) of those Regulations (transitional provisions in respect of drugs and appliances supplied in accordance with SSPs), so the relevant form may instead be a dispensing token that records the supply of the product (“dispensing token” having the meaning given in regulation 119A(1)(b) of those Regulations).”.

(1)

Relevant amendments have been made to regulation 3 by S.I. 2016/1077, 2018/1114 and 2019/287.