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

Status:

Point in time view as at 01/04/2002. This version of this provision has been superseded.

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There are currently no known outstanding effects for the The National Health Service (Charges for Drugs and Appliances) Regulations 2000 (revoked), Section 4.

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Supply of drugs and appliances by doctorsE+W

4.—(1) A doctor who provides pharmaceutical [F1or dispensing] 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 [F2£6.10], that is to say a charge of [F3£12.40], per pair;

(b)in respect of the supply of each other appliance and of each quantity of a drug, a charge of [F4£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 [F5or, 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 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;]

(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 F8... is duly completed by or on behalf of the patient [F9either 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 drugs or appliances are supplied in respect of two or more persons in a school or institution in which at least 20 persons are normally resident of whom at least 10 are his patients.

(4) For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of [F10£6.20] payable for that drug shall be payable upon the supply of the first instalment.

(5) A doctor shall be under no obligation to provide pharmaceutical [F11or dispensing] services for which a charge is required to be made and recovered by paragraph (1) unless he is first paid the amount of that charge by the patient.

(6) A doctor 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.

[F12(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).]

(8) Nothing in this regulation shall authorise the payment of a charge where the drug or appliance supplied either–

(a)is needed for immediate treatment and no order for the drug or appliance is made on a prescription form; or

(b)is administered or applied to the patient by the doctor personally.

Textual Amendments

F1Words in reg. 4(1) inserted (1.4.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 (S.I. 2002/548), regs. 1(1), 4(2)

F2Sum in Reg. 4(1) substituted (1.4.2001) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2001 (S.I. 2001/746), regs. 1(1), 3(1)

F3Sum in Reg. 4(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), 4(3)

F4Sum in Reg. 4(1)(b) substituted (1.4.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 (S.I. 2002/548), regs. 1(1), 4(4)

F5Words in reg. 4(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), 4(a)

F6Words in reg. 4(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), 4(b)

F7Words in reg. 4(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), 4(b)

F8Words in reg. 4(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), 4(b)