4.—(1) A doctor, who provides services corresponding to pharmaceutical services under the terms of a GMS contract which give effect to paragraph 44 of Schedule 5 to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(1) or under the terms of a section 17C agreement which give effect to paragraph 15 of Schedule 1 to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004(2) shall make and recover from the patient–
(a)in respect of the supply of an appliance specified in column 1 of Schedule 1 the charge specified in column 2 of Schedule 1 in respect of that appliance; and
(b)in any other case, in respect of the supply of each quantity of a drug and each appliance not so specified, a charge of £6.85,
except where the patient or a person on the patient’s behalf declares that the patient is entitled to exemption.
(2) For the purposes of this regulation, where a doctor supplies a quantity of a drug by instalments during a period of not more than 14 days, only one charge shall be payable and it shall be payable upon the supply of the first instalment.
(3) A doctor shall be under no obligation to supply drugs or appliances unless the patient has paid the doctor any charge payable under paragraph (1), or one of the exceptions set out in paragraph (1) applies.
(4) After the end of each month, a GMS contractor or section 17C provider shall send the total charges recovered by a doctor during the month to the Health Board with which the GMS contractor or section 17C provider has a GMS contract or section 17C agreement.
(5) A doctor who makes and recovers a charge under paragraph (1) or (2) shall, if required by the patient, give the patient a receipt for the amount paid, on a form provided for the purpose by the Health Board, which contains forms of declaration in support of an application for a refund.