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Scottish Statutory Instruments

2013 No. 191

National Health Service

The National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2013

Made

30th May 2013

Laid before the Scottish Parliament

31st May 2013

Coming into force

29th June 2013

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

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2013 and come into force on 29th June 2013.

Amendment of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011

2.  In regulation 3 (supply of drugs and appliances) of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011(2)––

(a)in paragraph (2)(a) for “1st April 2012” substitute “29th June 2013”(3);

(b)in paragraph (2)(b) for “1st April 2012” substitute “29th June 2013”(4).

ALEX NEIL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

30th May 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Scotland) Regulations 2011 (“the principal Regulations”). The principal Regulations provide that where a person provides pharmaceutical services to a patient who presents an English prescription form, that person must make and recover from the patient the charges specified in the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (S.I. 2000/620), unless certain exemptions apply.

Regulations 2(a) and (b) update the principal Regulations so that the charge for a prescription presented on an English prescription form will reflect the current English rates from the date these Regulations come into force.

(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, by 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), 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. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(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) as amended (“the 2000 Regulations”) as at 1st April 2013, relating to the supply of elastic hosiery, is £7.85 for one item and £15.70 per pair.

(4)

The charge specified in regulation 3(1)(b) of the 2000 Regulations, as at 1st April 2013, is £7.85.