The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 1999

Statutory Instruments

1999 No. 612 (S. 36)

NATIONAL HEALTH SERVICE, SCOTLAND

The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 1999

Made

3rd March 1999

Laid before Parliament

8th March 1999

Coming into force

1st April 1999

The Secretary of State, in exercise of the powers conferred on him by sections 69, 75A(1), 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 Regulations 1999 and shall come into force on 1st April 1999.

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

Amendment to regulation 2 of the principal Regulations

2.  In regulation 2 of the principal Regulations (interpretation), in paragraph (1) after the definition of “drugs” there is inserted–

““elastic hosiery” means anklet, legging, knee-cap, below-knee, above-knee or thigh stocking;”.

Amendments to the principal Regulations: amounts specified

3.—(1) In regulation 3(1)(b) of the principal Regulations (supply of drugs and appliances by chemists), for the figure “£5.80” there shall be substituted the figure “£5.90”.

(2) In regulation 8(5) of the principal Regulations (pre-payment certificates)–

(a) for the figure “£30.10” there shall be substituted the figure “£30.80”; and

(b) for the figure “£82.70” there shall be substituted the figure “£84.60”.

(3) For Schedules 1, 2 and 3 to the principal Regulations there shall be substituted those Schedules as set out in the Schedule to these Regulations.

Application

4.  These Regulations shall apply in relation to supplies of drugs and appliances made after 31st March 1999 except that–

(a) the substitution of Schedule 3 by regulation 3(3) above shall apply only where the examination or first examination leading to the supply of the specified appliance takes place after that date; and

(b) the amendment of regulation 8 of the principal Regulations (pre-payment certificates) by regulation 3(2) above shall apply only where the application referred to in paragraph (1) of the said regulation 8 is received after that date.

Sam Galbraith

Minister for Health, Scottish Office

St Andrew’s House,

Edinburgh

3rd March 1999

Regulation 3(3)

SCHEDULE

Regulations 3, 4 and 5

“SCHEDULE 1 CHARGES FOR ELASTIC HOSIERY

Column 1	Column 2
Specified Appliance	Specified Sum
Above knee stocking, below knee stocking or thigh stocking	£5.90 each (ie £11.80 per pair)

Regulation 5

SCHEDULE 2 CHARGES FOR TIGHTS

Column 1	Column 2
Specified Appliance	Specified Sum
Tights (per pair)	£11.80

Regulation 6

SCHEDULE 3 CHARGES FOR FABRIC SUPPORTS AND WIGS

Column 1	Column 2
Specified Appliance	Specified Sum
Surgical Brassiere	£ 19.95
Abdominal or Spinal Support	£ 29.95
Stock Modacrylic Wig	£ 49.00
Partial Human Hair Wig	£129.00
Full Bespoke Human Hair Wig	£188.50”

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 supplied by doctors and pharmacists providing pharmaceutical services, and by Health Boards and NHS trusts to out-patients.

Amendments made to the principal Regulations by regulation 3 and the Schedule increase the charge for items on prescription or supplied to out-patients from £5.80 to £5.90. The charge for elastic stockings is increased from £5.80 to £5.90 each (from £11.60 to £11.80 per pair) and that for tights from £11.60 to £11.80. The charges for partial human hair wigs and modacrylic wigs are increased from £126.00 to £129.00 and from £48.00 to £49.00 respectively. The charge for full human hair wigs is increased from £184.50 to £188.50. The charge for fabric supports is increased from £29.50 to £29.95. The sums prescribed for the grant of pre-payment certificates are increased from £30.10 to £30.80 for a four monthly certificate and from £82.70 to £84.60 for a twelve monthly certificate.

(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, 1995/699 and 2739, 1996/740, 1997/697 and 1998/609.