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

Changes over time for: Section 4

Version Superseded: 01/04/2015

Status:

Point in time view as at 01/04/2014. This version of this provision has been superseded.

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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£8.05], that is to say a charge of [F3£16.10], per pair;

(b)in respect of the supply of each other appliance and of each quantity of a drug, a charge of [F4£8.05].

[F5(2) Where a charge is paid under paragraph (1), the person making the payment shall on so doing either—

(a)where a non-electronic prescription form has been issued, sign a declaration in writing on the non-electronic prescription form that the relevant charge has been paid; or

(b)where an electronic prescription form has been created, provide a declaration that the relevant charge has been paid on a form provided by [F6the Board and approved by the Secretary of State] for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a doctor.]

(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 F7... is duly completed by or on behalf of the patient [F8either on the [F9non-electronic] prescription form or, in cases [F10involving an electronic prescription form, on a form provided by [F11the Board and approved by the Secretary of State] for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a doctor;]]

(b)there is entitlement to remission of the charge under [F12regulation 5 of the Travel Expenses and Remission of Charges Regulations] and a declaration of entitlement to remission F13... is duly completed by or on behalf of the patient [F14either on the [F9non-electronic] prescription form or, in cases [F10involving an electronic prescription form, on a form provided by [F15the Board and approved by the Secretary of State] for the purpose of recording patient declarations in respect of electronic prescription forms and issued by a doctor;]]

(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 [F16; or]

[F17(d)there is exemption under [F18regulations 7A(2) or 7D].]

(4) For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of [F19£8.05] 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 [F20or 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 [F21approved by the Secretary of State and] 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.

[F22(7) Any sum which would otherwise be payable by [F23the Board] to a [F24contractor under a GMS contract, a PMS agreement or arrangements made under [F25section 83(2) of the 2006 Act (primary medical services), including under arrangements made under Part 8 of the Pharmaceutical Services Regulations (dispensing doctors),]] shall be reduced by the amount of charges which are required to be made and recovered under paragraph (1).]