1.—(1) These Regulations may be cited as the National Health Service (Indicative Amounts) (Scotland) Regulations 1992 and shall come into force on 1st April 1992.
(2) In these Regulations, unless the context otherwise requires—
“the Act” means the National Health Service (Scotland) Act 1978;
“the Drug Tariff” means the statement published under regulation 32 of the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974(1) as amended from time to time;
“listed appliance” means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 27(1) of the Act(2);
“manufacturer’s list price” means the price of a drug or medicine as published from time to time by the manufacturer of that drug or medicine or by his agent.
2.—(1) For the purposes of section 87D of the Act (indicative amounts for doctors' practices), the basic price of any drugs, medicines and listed appliances shall be calculated in accordance with the following paragraphs of this regulation.
(2) Where the name of a drug or medicine is listed in the Drug Tariff in a list which specifies a price for a specified quantity of that drug or medicine, the basic price of that drug or medicine shall be the price so specified.
(3) Where the name of a drug or medicine is not so listed in the Drug Tariff, the basic price of that drug or medicine shall be the manufacturer’s list price.
(4) The basic price of a listed appliance shall be the price of the appliance specified in the Drug Tariff.
3.—(1) In relation to a practice of which a member is on the medical list of a Family Health Services Authority established under section 10 of the National Health Service Act 1977(3) as well as on that of a Health Board, section 87D of the Act shall apply in relation to the members of the practice subject to the modification referred to in paragraph (2) below.
(2) For the purposes referred to in paragraph (1) above, section 87D(2) of the Act shall be modified by adding at the end of that subsection the following words:—
“or with respect to a practice where—
(a)at least one member of the practice is on the medical list of a Family Health Services Authority as well as on that of a Health Board; and
(b)more patients on the lists of the members of the practice reside in England than in Scotland”.
Michael B. Forsyth
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
15th January 1992