The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2010

Scottish Statutory Instruments

2010 No. 1

National Health Service

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2010

Made

5th January 2010

Laid before the Scottish Parliament

6th January 2010

Coming into force

1st April 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 69(1) and (2), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2010 and come into force on 1st April 2010.

(2) In these Regulations “the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008(2).

Amendment of the principal Regulations

2.—(1) The principal Regulations are amended in accordance with this regulation.

(2) In regulation 3 (supply of drugs and appliances by chemists)—

(a) in paragraph (1)(a)(i) for “£4.00” substitute “£3.00” and for “£8.00” substitute “£6.00”;

(b) in paragraph (1)(a)(ii) for “1st April 2009” substitute “1st April 2010”(3);

(c) in paragraph(1)(b)(i) for “£4.00” substitute “£3.00”; and

(d) in paragraph (1)(b)(ii) for “1st April 2009” substitute “1st April 2010”(4).

(3) In regulation 4 (supply of drugs and appliances by doctors)—

(a) in paragraph (1)(a) for “£4.00” substitute “£3.00” and for “£8.00” substitute “£6.00”; and

(b) in paragraph (1)(b) for “£4.00” substitute “£3.00”.

(4) In regulation 5 (supply of drugs and appliances to out‑patients)—

(a) in paragraph (1)(a) for “£4.00” substitute “£3.00” and for “£8.00” substitute “£6.00”;

(b) in paragraph (1)(b) for “£8.00” substitute “£6.00”; and

(c) in paragraph (1)(c) for “£4.00” substitute “£3.00”.

(5) In regulation 8 (pre‑payment certificates), in paragraph (4) for “£13.00” substitute “£10.00” and for “£38.00” substitute “£28.00”.

(6) In Schedule 1 (charges for fabric supports and wigs), in column 2 for “£4.00” each time it appears substitute “£3.00”.

Transitional provisions

3.  Regulation 2(2) to (6) applies in relation to supplies of drugs and appliances and payments for pre‑payment certificates made on or after 1st April 2010 except that—

(a) the amendment of regulation 8(4) (pre‑payment certificates) of the principal Regulations by regulation 2(5) shall apply in respect of such applications, as referred to in regulation 8(1) of the principal Regulations, as are received on or after that date; and

(b) the amendments to Schedule 1 of the principal Regulations by regulation 2(6) shall apply only where the examination or first examination leading to the supply of the specified appliance takes place on or after that date.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th January 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008 (“the principal Regulations”) which provide for the making and recovery of charges for drugs, medicines and appliances supplied by chemists providing pharmaceutical services, doctors providing services under a general medical services contract or section 17C arrangements, or by Health Boards to out‑patients.

Regulation 2(2) to (4) decreases the charge for drugs, medicines and appliances from £4.00 to £3.00.

Regulation 2(2)(b) and (d) updates the principal Regulations so that the charge for a prescription presented on an English, Welsh or Northern Irish prescription form will reflect the English rate from 1st April 2010.

Regulation 2(5) decreases the sum payable in respect of a pre‑payment certificate from £13.00 to £10.00 for a 4 month certificate, and from £38.00 to £28.00 for a 12 month certificate.

Regulation 2(6) decreases the charge payable for fabric supports and wigs from £4.00 to £3.00.

Regulation 3 provides that the amendments made by regulation 2(2) to (6) shall apply in respect of supplies of drugs and appliances and payments for pre‑payment certificates made on or after 1st April 2010, except that the amendment made by regulation 2(5) shall apply to applications for pre‑payment certificates received on or after 1st April 2010, and the amendment made by regulation 2(6) applies where the examination leading to the supply of an appliance takes place on or after 1st April 2010.

(1)

1978 c.29; section 105(7) was amended by the Health Services Act 1980 (c.53), Schedule 6, paragraph 5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 9, paragraph 24, and by the Health Act 1999 (c.8) (“the 1999 Act”), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. See section 66(1) of the 1999 Act in relation to any provision of that Act being taken to be a pre‑commencement enactment within the meaning of the Scotland Act 1998 (c.46) (“the 1998 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

(2)

S.S.I. 2008/27, amended by S.S.I. 2008/105 and 2009/37, 177 and 183.

(3)

The charge specified in regulation 3(1)(a) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (S.I. 2000/620) (“the 2000 Regulations”) as at 1st April 2010, is £7.20, that is to say a charge of £14.40 per pair.

(4)

The charge specified in regulation 3(1)(b) of the 2000 Regulations, as at 1st April 2010, is £7.20.