The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001

Fabric supports and wigs

6.—(1) A Board or an NHS trust which, otherwise than under Part II of the Act, supplies to a patient for the purposes of the patient’s treatment an appliance of a description specified in column 1 of Schedule 3 shall make and recover from the patient a charge in the sum specified in column 2 of Schedule 3 in respect of that appliance.

(2) A Board or an NHS trust which makes and recovers a charge under this regulation shall, if so required by the patient making the payment, give the patient a receipt for the amount received.

(3) No charge under this regulation shall be payable by or on behalf of a patient to whom the Scottish Ministers have issued an exemption certificate in respect of treatment for accepted disablement in respect of the supply of an appliance which the patient requires for the purpose of the treatment of that disablement.

(4) Where a patient has paid a charge which, but for paragraph (3), would be authorised by paragraph (1) the patient may claim a refund of that charge by presenting to the Board or, as the case may be, the NHS trust the receipt for it together with–

(a) the certificate mentioned in paragraph (3); and

(b) if the patient was referred by a doctor to the Board or, as the case may be, the NHS trust for treatment, either–

(i) a certificate from the doctor certifying that it was for the accepted disablement; or

(ii) a statement that such a certificate was surrendered to the Board or, as the case may be, the NHS trust on or before the supply of the appliance.

(5) The Board or, as the case may be, the NHS trust, if satisfied by the evidence so produced that the charge to which the receipt relates was not properly payable, shall repay to the patient the amount of the charge and return any certificate to which paragraph (3) refers which the patient may have submitted.