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The National Health Service (Charges for Drugs and Appliances) Regulations 2000 (revoked)

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2.—(1) In these Regulations, unless the context otherwise requires–

  • “the Act" means the National Health Service Act 1977;

  • [F1“the 2000 Act” means the Electronic Communications Act 2000;]

  • [F2“the 2006 Act” means the National Health Service Act 2006;]

  • [F3“advanced electronic signature” means an electronic signature which is—

    (a)

    uniquely linked to the signatory;

    (b)

    capable of identifying the signatory;

    (c)

    created using means that the signatory can maintain under his sole control; and

    (d)

    linked to the data to which it relates in such a manner that any subsequent change of data is detectable;]

  • “accepted disablement" means physical or mental injury or disease which is accepted by the Secretary of State as attributable to or aggravated by service in the armed forces of the Crown or such other service as he may determine;

  • “appliance" means a listed appliance within the meaning of section 41 of the Act but does not include a contraceptive appliance;

  • [F4“bank holiday” means any day that is specified or proclaimed as a bank holiday in England and Wales pursuant to section 1 of the Banking and Financial Dealings Act 1971;]

  • [F5“batch issue” means a form provided by a Primary Care Trust and issued by a [F6repeatable prescriber] at the same time as a [F7non- electronic repeatable prescription] to enable a chemist to receive payment for the provision of repeat dispensing services, which is in the format specified in Part 2 of Schedule 1 to the GMS Contract Regulations, and which—

    (a)

    is generated by a computer and not signed by a [F6repeatable prescriber];

    (b)

    relates to a particular [F7non- electronic repeatable prescription] and contains the same date as that prescription;

    (c)

    is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs or appliances ordered on the [F7non- electronic repeatable prescription] may be provided; and

    (d)

    specifies a number denoting its place in the sequence referred to in paragraph (c);]

  • “chemist" includes any person, other than a doctor, providing pharmaceutical services [F8or local pharmaceutical services];

  • [F9“community treatment order” means an order under section 17A(1) of the Mental Health Act 1983;]

  • [F10“detainee” means a person who is detained—

    (a)

    under the Immigration Act 1971 or section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by the Secretary of State); and

    (b)

    in a removal centre in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the 2006 Act by, or under arrangements made by, a Primary Care Trust otherwise than by virtue of section 21(5) of the 2006 Act (provision of services etc),

    and for the purposes of this definition, “removal centre” has the same meaning as in section 147 of the Immigration and Asylum Act 1999 (interpretation of Part VIII);.]

  • [F11“dispensing services” means services corresponding to pharmaceutical services provided [F12under the terms of a GMS contract which give effect to paragraphs 47 to 51 of Schedule 6 to the GMS Contract Regulations or under the terms of a PMS agreement which give effect to paragraphs 45 to 51 of Schedule 5 to the National Health Service (Personal Medical Services Agreements) Regulations 2004];]

  • “doctor" means a registered medical practitioner;

  • “drugs" includes medicines, but does not include contraceptive substances;

  • [F13“Drug Tariff” means the aggregate of the determinations made by the Secretary of State which are published in accordance with regulation 56(f) (provisions relating to determinations) of the National Health Service (Pharmaceutical Services) Regulations 2005]

  • “elastic hosiery" means anklet, legging, knee-cap, below-knee or thigh stocking;

  • [F1“electronic communication” has the same meaning as in section 15 of the 2000 Act;]

  • [F14“electronic prescription form” means a prescription form which falls within paragraph (b) of the definition of “prescription form”;

  • “electronic repeatable prescription” means a prescription form which falls within paragraph (a)(ii) of the definition of “repeatable prescription”;

  • “ETP service” means the electronic prescription service which forms part of the NHS Care Record Service;]

  • [F1“electronic signature” has the same meaning as in section 7 of the 2000 Act;]

  • “exemption" means any remission granted under these regulations from charges payable under these regulations;

  • “exemption certificate" has the meaning assigned to it by regulation 8(1);

  • [F15“the GMS Contract Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004;

  • GMS contract” means a general medical services contract under section 28Q of the Act;]

  • [F16“independent nurse prescriber” means a person—

    (a)

    who is registered in the Nursing and Midwifery Register; and

    (b)

    against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a community practitioner nurse prescriber, a nurse independent prescriber or a nurse independent/supplementary prescriber;]

  • [F17“local pharmaceutical services” means services that are both—

    (a)

    of a kind which may be provided under section 41 of the Act or by virtue of section 41A of the Act, other than practitioner dispensing services; and

    (b)

    provided under a pilot scheme as defined in section 28(2) of the Health and Social Care Act 2001;]

  • [F18“mental disorder” has the same meaning as in section 1 of the Mental Health Act 1983;]

  • [F19“NHS Care Record” means the records relating to an individual patient held by the NHS Care Record Service;

  • “NHS Care Record Service” means the information technology systems procured by the Department of Health and used by the health service to hold medical records relating to patients;

  • “non-electronic prescription form” means a prescription form which falls within paragraph (a) of the definition of “prescription form”;

  • “non-electronic repeatable prescription” means a prescription which falls within paragraph (a) (i) of the definition of “repeatable prescription”;]

  • F20...

  • [F21“Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001;]

  • [F22“optometrist independent prescriber” means a person—

    (a)

    who is registered in the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989; and

    (b)

    against whose name in that register is recorded an annotation that the person is qualified to order drugs, medicines and appliances as an optometrist independent prescriber;]

  • [F23“out of hours period” means—

    (a)

    the period beginning at 6.30pm on any day from Monday to Thursday and ending at 8am on the following day;

    (b)

    the period between 6.30pm on Friday and 8am on the following Monday; and

    (c)

    Good Friday, Christmas Day and bank holidays;]

  • [F23out of hours services” means services required to be provided in all or part of the out of hours period which would be essential services if provided in core hours,

  • and in this definition “core hours” means the period beginning at 8 am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day and bank holidays and “part” of an out of hours period means any part of one or more of the periods described in paragraphs (a) to (c) of the definition of “out of hours period”;]

  • F24...

  • “patient" means

    (a)

    [F25any person who is provided with primary medical services under Part 1 of the Act;]

    (b)

    any person who applies to a chemist for the provision of pharmaceutical services [F26or local pharmaceutical services] and includes for the purposes of these Regulations a person acting on behalf of such a person;

    (c)

    any person who seeks information or treatment from a walk-in Centre;

    (d)

    [F27any person who applies to be supplied with a drug in accordance with a Patient Group Direction;]

  • [F28“Patient Group Direction” is to be construed in accordance with regulation 6A(6);]

  • [F29“pharmacist independent prescriber” means a person—

    (a)

    who is registered in [F30Part 1 of the register maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007] or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976; and

    (b)

    against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;]

  • [F31PMS agreement” means an agreement made under section 28C of the Act;]

  • F32...

  • “pre-payment certificate" has the meaning assigned to it by regulation 9(1);

  • [F33“prescriber” means a doctor, [F34a pharmacist independent prescriber,] [F35optometrist independent prescriber,] an independent nurse prescriber and a supplementary prescriber;]

  • [F36“prescription form” means—

    (a)

    a form provided by an NHS trust, an NHS foundation trust or a Primary Care Trust and issued by a prescriber; or

    (b)

    data that are created in an electronic form, signed with a prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service,

    to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include a repeatable prescription [F37and includes a prescription form provided and issued under equivalent arrangements having effect in Scotland, Wales or Northern Ireland;]]

  • [F38“prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition—]

  • [F38“prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by, or under arrangements made by, a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services etc.).]

  • [F39“provider of out of hours services” means—

    (a)

    an APMS contractor which provides out of hours services under its APMS contract;

    (b)

    a practice which provides out of hours services;

    (c)

    a GMS contractor or a PMS contractor which provides out of hours services under its GMS contract or PMS agreement;

    (d)

    an out of hours services sub-contractor of a GMS contractor or PMS contractor,

    and for the purposes of this definition—

  • “APMS contractor” means a person who enters into arrangements with a Primary Care Trust under section 16CC(2)(b) of the Act (primary medical services) for the provision of primary medical services and “APMS contract” shall be construed accordingly;

  • “GMS contractor” means a contractor within the meaning of the National Health Service (General Medical Services Contracts) Regulations 2004;

  • “PMS contractor” means a contractor within the meaning of the National Health Service (Personal Medical Services Agreements) Regulations 2004; and

  • “practice” means a practice established by a Primary Care Trust for the purposes of its provision of primary medical services under section 16CC(2)(a) of the Act;]

  • [F40“repeat dispensing services” means pharmaceutical services or local pharmaceutical services which involve the provision of drugs or appliances by a chemist in accordance with a repeatable prescription;]

  • [F41“repeatable prescriber” has the same meaning as in the National Health Service (Pharmaceutical Services) Regulations 2005;]

  • [F42“repeatable prescription” means a prescription which—

    (a)

    either—

    (i)

    is contained in a form provided by a Primary Care Trust and issued by a repeatable prescriber which is in the format specified in Part I of Schedule 1 to the GMS Contract Regulations and which is generated by a computer and signed in ink by a repeatable prescriber; or

    (ii)

    data that are created in an electronic form, signed with a repeatable prescriber’s advanced electronic signature and transmitted as an electronic communication to the ETP service;

    (b)

    is issued or created to enable a person to obtain pharmaceutical services or local pharmaceutical services; and

    (c)

    indicates that the drugs or appliances ordered on that prescription may be provided more than once and specifies the number of occasions on which they may be provided;]

  • [F38“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders) may be detained and given training and education and prepared for their release; and]

  • [F43“supplementary prescriber” means a person—

    (a)

    whose name is registered in—

    (i)

    the Nursing and Midwifery Register,

    (ii)

    [F44Part 1 of the Register of Pharmacists maintained under article 10(1) of the Pharmacists and Pharmacy Technicians Order 2007;]

    (iii)

    the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976,

    (iv)

    the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to—

    (aa)

    chiropodists and podiatrists,

    (bb)

    physiotherapists, or

    (cc)

    diagnostic or therapeutic radiographers, or

    (v)

    the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989; and

    (b)

    against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber or, in the case of the Nursing and Midwifery Register, a nurse independent/supplementary prescriber;]

  • “terms of service" means the terms on which F45... F46... F47... pharmaceutical services are provided under the Act;

  • [F48“the Travel Expenses and Remission of Charges Regulations” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003;]

  • “treatment" includes examination and diagnosis;

  • “Walk-in Centre" means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by or on behalf of the Secretary of State.

  • [F38“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life; and]

F49(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of these Regulations the supply against an order on one prescription form[F50, or on one repeatable prescription (but only where the supply is against one batch issue relating to that repeatable prescription)]

(a)of quantities of the same drug in more than one container shall be treated as the supply of only one quantity of a drug;

(b)of more than one appliance of the same type, except in the case of elastic hosiery and tights, or of two or more component parts of the same appliance, shall be treated as the supply of only one appliance.

[F51(3A) For as long as there are in existence contracts entered into under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 (“default contracts”) any reference in these Regulations to a GMS contract shall be read as including a reference to a contract entered into under that article and any reference to a term of a GMS contract shall be read as including a reference to the equivalent term of the default contract.

(3B) For as long as there are in existence transitional agreements as defined in article 1(4) of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004, any reference in these Regulations to a personal medical services agreement shall be read as including a reference to a transitional agreement and any reference to a term of a personal medical services agreement shall be read as including a reference to any equivalent term in the transitional agreement.]

(4) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations which bears that number, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

Textual Amendments

F30Words in reg. 2 substituted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), Sch. 1 para. 24(a)

F44Words in reg. 2 substituted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289), Sch. 1 para. 24(b)

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