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Supply of drugs and appliances by Health Authorities, NHS trusts and Primary Care TrustsE+W

5.—(1) F1...An NHS trust[F2, an NHS foundation trust] or a Primary Care Trust which supplies to a patient for the purposes of his treatment, drugs, otherwise than for administration at a hospital, or appliances, shall, subject to paragraphs (3)[F3, (3A)] [F4, (3B)] and (4), make and recover from the patient–

(a)in respect of an item of elastic hosiery a charge of [F5£7.20], that is to say a charge of [F6£14.40] per pair;

(b)in respect of an appliance specified in column (1) of Schedule 1, the charge specified in relation to it in column (2) of that Schedule;

(c)in respect of tights, a charge of [F7£14.40];

(d)in respect of the supply of each other appliance and of each quantity of a drug, a charge of [F8£7.20].

(2) Where a charge is paid under paragraph (1) the person making the payment shall on doing so sign a declaration in writing that the relevant charge has been paid.

(3) No charge shall be made and recovered under this regulation from a patient who is exempt–

(a)under paragraph 1(1)(a) to (d) of Schedule 12 to the Act,

(b)under regulation 7, or

(c)by reason of being entitled to remission under [F9regulation 5 of the Travel Expenses and Remission of Charges Regulations],

and who, in the case described in paragraph 1(1)(c) of Schedule 12 to the Act and in the cases described in sub-paragraphs (b) and (c), completes a declaration of entitlement to such exemption or remission and provides such evidence of entitlement as theF10... NHS trust[F11, NHS foundation trust] or Primary Care trust may reasonably require.

[F12(3A) No charge shall be made and recovered under this regulation from a patient who is accepted by the person supplying the drug as—

(a)suffering from tuberculosis, in respect of any drug supplied to that patient for the treatment of tuberculosis; or

(b)being subject to a community treatment order, in respect of any drug supplied to that patient for the treatment of mental disorder.]

[F13(3B) No charge shall be made and recovered under this regulation in respect of a supply which is—

(a)made—

(i)while a disease is, or

(ii)in anticipation of a disease being imminently,

pandemic and a serious risk, or potentially a serious risk, to human health; and

(b)in accordance with a protocol relating to that disease as provided for in article 12F of the Prescription Only Medicines (Human Use) Order 1997 or article 8 of the Medicines (Pharmacy and General Sale—Exemption) Order 1980.]

(4) A partially remitted charge shall be made and recovered under this regulation from a patient who is entitled to partial remission under regulation 7(4) if a declaration in writing is provided that the relevant part of the charge has been paid and a declaration of entitlement and such other evidence of entitlement, to partial remission as may be required, is provided.

(5) For the purposes of this regulation, where a drug ordered on a single written direction is supplied by instalments, the charge of [F14£7.20] payable for that drug shall be payable upon the supply of the first instalment.

(6) [F15An] NHS trust[F16, NHS foundation trust] or Primary Care Trust which makes and recovers a charge under this regulation shall, if so required by the patient, give him a receipt for the amount received on [F17the 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.

Textual Amendments