Part 9Charging

Power to charge generally

173Exemptions from general charging

1

No charge may be made under regulations under section 172(1) in respect of—

a

the supply of any drug, medicine or appliance for a patient who is resident in hospital,

b

the supply of any drug or medicine for the treatment of sexually transmitted disease (otherwise than in the provision of primary medical services or in accordance with a pilot scheme or an LPS scheme),

c

the supply of any appliance (otherwise than in pursuance of paragraph 8(d) of Schedule 1) for a person who is under 16 years of age or is under 19 years of age and receiving qualifying full-time education, or

d

the replacement or repair of any appliance in consequence of a defect in the appliance as supplied.

2

In subsection (1)(c) “qualifying full-time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State.

3

For the purposes of subsection (2)—

a

recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university, and

b

regulations may prescribe the circumstances in which a person must, or must not, be treated as receiving full-time instruction.