The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No.2) Regulations 1995

Statutory Instruments

1995 No. 2739 (S.202)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No.2) Regulations 1995

Made

19th October 1995

Laid before Parliament

19th October 1995

Coming into force

20th October 1995

The Secretary of State, in exercise of the powers conferred on him by sections 69, 75A(1)(a), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment (No.2) Regulations 1995 and shall come into force on 20th October 1995.

(2) In these Regulations, “the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989(2).

Amendment of the principal Regulations

2.  For sub-paragraph (c) of regulation 7(1) of the principal Regulations (exemptions), there shall be substituted the following:—

“(c) a person who has attained the age of 60 years;”.

James Douglas-Hamilton

Minister of State, Scottish Office

Dover House,

London

19th October 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 (“the principal Regulations”) which provide for the making and recovery of charges for drugs and appliances (other than dental or optical appliances) supplied by chemists and doctors under or by virtue of the National Health Service (Scotland) Act 1978.

Regulation 2 amends the principal Regulations so that all persons who have attained the age of 60 years shall be exempt from paying charges for such drugs and appliances, whereas previously men had to have attained the age of 65.

The amendment is made in order to comply with Council Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ No. L6, 10.1.79, p.24).

(1)

1978 c. 29; section 75A was inserted by the Social Security Act 1988 (c. 7), section 14 and amended by the Health and Medicines Act 1988 (c. 49), Schedule 2 and the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(13); section 105(7), which was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, contains provisions relevant to the making of Regulations; and section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made.

(2)

S.I. 1989/326, amended by S.I. 1990/468, 1990/787, 1991/574, 1992/394, 1993/522, 1994/697 and 1995/699.