Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND
Made
5th September 2000
Laid before Parliament
7th September 2000
Coming into force
1st October 2000
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 77, 83 and 126(4) of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
1.—(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2000 and shall come into force on 1st October 2000.
(2) In these Regulations—
“the principal Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000(2).
(3) These Regulations extend to England only.
2. In regulation 4 (supply of drugs and appliances by doctors) of the principal Regulations for paragraph (7) substitute the following—
“(7) Any sum which would otherwise be payable by a Health Authority to a doctor in respect of the provision by him of general medical services or personal medical services in connection with a pilot scheme shall be reduced by the amount of charges which are required to be made and recovered under paragraph (1).”.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
5th September 2000
(This note is not part of the Regulations)
These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (the “principal Regulations”) which provide for the making and recovery of charges for drugs and appliances supplied under the National Health Service Act 1977 by doctors and chemists providing pharmaceutical services and by Health Authorities, NHS trusts and Primary Care Trusts and at Walk in Centres and in certain circumstances where a local authority acts in partnership with an NHS body. Provision for dental charges and optical charges is made separately.
These Regulations change the requirements placed on doctors in relation to charges recovered. They make provision for doctors to retain any charges they are required to make under the Regulations for the provision of pharmaceutical services and for any such charges to be set off against any sums payable to them by a Health Authority in respect of the provision of general medical services or personal medical services.
1977 c. 49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 26(2)(g) and (i), for the definitions of “prescribed” and “regulations”. Section 83 was amended by the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 39 and by the Health and Social Security Act 1984 (c. 48), Schedule 8, Part 1. Section 126(4) was amended by the 1990 Act, section 65(2) and by the Health Act 1999 (c. 8) (“the 1999 Act”), Schedule 4, paragraph 37(6). As regards Wales, the functions of the Secretary of State under the above mentioned powers are transferred to the National Assembly for Wales under article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999/672 as amended by section 66(5) of the 1999 Act; these Regulations therfore extend only to England.