Supply of drugs and appliances by chemistsE+W
3.—(1) A chemist who provides pharmaceutical services to a patient shall, subject to paragraph (3), make and recover from that patient–
(a)in respect of an item of elastic hosiery a charge of [F1£6.20], that is to say a charge of [F2£12.40], per pair;
(b)in respect of the supply of each other appliance and of each quantity of a drug, a charge of [F1£6.20].
(2) Where a charge is paid under paragraph (1), the person making the payment shall on doing so sign a declaration in writing on the prescription form that the relevant charge has been paid [F3or, in cases falling within regulation 2A above, provide such a declaration in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing.]
(3) No charge shall be made and recovered under paragraph (1) where–
(a)there is exemption under regulation 7 and a declaration of entitlement to exemption F4... is duly completed by or on behalf of the patient [F5either on the prescription form or, in cases falling within regulation 2A above, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing;]
(b)there is entitlement to remission of the charge under regulation 3 of the Travelling Expenses and Remission of Charges Regulations and a declaration of entitlement to remission F6... is duly completed by or on behalf of the patient [F7either on the prescription form or, in cases falling within regulation 2A above, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing;]
(c)the patient is resident in a school or institution the name of which is inserted on the prescription form by a doctor under his terms of service or in connection with a pilot scheme.
(4) For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of [F8£6.20] payable for that drug shall be payable upon the supply of the first instalment.
(5) A chemist, notwithstanding the provisions of his terms of service, shall be under no obligation to provide pharmaceutical services in respect of an order on a prescription form unless he is first paid by the patient any charge required to be made and recovered by paragraph (1) in respect of that order.
(6) A chemist who makes and recovers a charge under paragraph (1) shall, if so required by the patient, give him a receipt for the amount received on the form provided for the purpose which form shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
(7) Any sum which would otherwise be payable by a Health Authority to a chemist in respect of the provision by him of pharmaceutical services shall be reduced by the amount of any charges which are required to be made and recovered by the preceding provisions of this regulation.
Textual Amendments
F1Sum in Reg. 3(1) substituted (1.4.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 (S.I. 2002/548), regs. 1(1), 3(2)
F2Sum in Reg. 3(1)(a) substituted (1.4.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 (S.I. 2002/548), regs. 1(1), 3(3)
F3Words in reg. 3(2) added (11.9.2001) by The National Health Service (Charges for Drugs and Appliances) (Electronic Communications) Order 2001 (S.I. 2001/2887), arts. 1(1), 3(a)
F4Words in reg. 3(3)(a) revoked (11.9.2001) by The National Health Service (Charges for Drugs and Appliances) (Electronic Communications) Order 2001 (S.I. 2001/2887), arts. 1(1), 3(b)
F5Words in reg. 3(3)(a) added (11.9.2001) by The National Health Service (Charges for Drugs and Appliances) (Electronic Communications) Order 2001 (S.I. 2001/2887), arts. 1(1), 3(b)
F6Words in reg. 3(3)(b) revoked (11.9.2001) by The National Health Service (Charges for Drugs and Appliances) (Electronic Communications) Order 2001 (S.I. 2001/2887), arts. 1(1), 3(b)
F7Words in reg. 3(3)(b) added (11.9.2001) by The National Health Service (Charges for Drugs and Appliances) (Electronic Communications) Order 2001 (S.I. 2001/2887), arts. 1(1), 3(b)
F8Sum in Reg. 3(4) substituted (1.4.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 (S.I. 2002/548), regs. 1(1), 3(2)