The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2007 (“the principal Regulations”) which provide for the making and recovery of charges for drugs, medicines and appliances (other than dental or optical appliances) supplied under or by virtue of the National Health Service (Scotland) Act 1978.

The principal Regulations consolidated, with some changes, the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001(1) (“the 2001 Regulations”).

The intention was that the provisions in regulation 8(8) of the principal Regulations specifying the basis on which the refund which is payable when a person who is specified in regulation (8)7 dies during the period of validity of a pre-payment certificate is calculated, would be the same as those in regulation 8(8) of the 2001 Regulations.

The figure of “¼” in regulation 8(8)(a) of the 2001 Regulations was correctly transposed in regulation 8(8)(a) of the principal Regulations as “25 per cent”, but the figure of “1/12” in regulation 8(8)(b) of the 2001 Regulations was incorrectly transposed in regulation 8(8)(b) of the principal Regulations as “50 per cent”. These Regulations correct that error.

Regulation 2(2) amends regulation 8(8)(a) of the principal Regulations by amending “25 per cent” to the fraction “1/4”, for consistency with the amendment made by regulation 2(3) to regulation 8(8)(b) of the principal Regulations..

Regulation 2(3) corrects the error in regulation 8(8)(b) of the principal Regulations by amending “50 per cent” to the fraction “1/12”.

(1)

S.S.I. 2001/430, amended by S.S.I. 2002/100, 2003/130, 295, 2004/66, 212, S.I. 2004/1771, S.S.I. 2005/124, 326, 617 and S.S.I. 2006/149 and 246.