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
F1Words in reg. 5(1) omitted (1.10.2002) by virtue of The National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002 (S.I. 2002/2352), regs. 1(1), 5(a)
F2Words in reg. 5(1) inserted (1.4.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 (S.I. 2004/696), arts. 1(1)(b), 3(4), Sch. 4
F3Word in reg. 5(1) inserted (1.9.2007) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2007 (S.I. 2007/1975), regs. 1(1), 2(2)
F4Word in reg. 5(1) inserted (8.5.2009) by The National Health Service (Charges) (Amendments Relating to Pandemic Influenza) Regulations 2009 (S.I. 2009/1166), regs. 1(1), 2(a)
F5Sum in reg. 5(1)(a) substituted (1.4.2009) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009 (S.I. 2009/411), regs. 1(1)(a), 2(2)(d)
F6Sum in reg. 5(1)(a) substituted (1.4.2009) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009 (S.I. 2009/411), regs. 1(1)(a), 2(3)(d)
F7Sum in reg. 5(1)(c) substituted (1.4.2009) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009 (S.I. 2009/411), regs. 1(1)(a), 2(3)(d)
F8Sum in reg. 5(1)(d) substituted (1.4.2009) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009 (S.I. 2009/411), regs. 1(1)(a), 2(2)(d)
F9Words in reg. 5(3)(c) substituted (1.4.2005) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2005 (S.I. 2005/578), regs. 1(1), 8
F10Words in reg. 5(3) omitted (1.10.2002) by virtue of The National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002 (S.I. 2002/2352), regs. 1(1), 5(b)
F11Words in reg. 5(3) inserted (1.4.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 (S.I. 2004/696), arts. 1(1)(b), 3(3), Sch. 3
F12Reg. 5(3A) substituted (3.11.2008) by The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2008 (S.I. 2008/2593), regs. 1, 2(3)
F13Reg. 5(3B) inserted (8.5.2009) by The National Health Service (Charges) (Amendments Relating to Pandemic Influenza) Regulations 2009 (S.I. 2009/1166), regs. 1(1), 2(b)
F14Sum in reg. 5(5) substituted (1.4.2009) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009 (S.I. 2009/411), regs. 1(1)(a), 2(2)(d)
F15Word in reg. 5(6) substituted (1.10.2002) by The National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002 (S.I. 2002/2352), regs. 1(1), 5(c)
F16Words in reg. 5(6) inserted (1.4.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 (S.I. 2004/696), arts. 1(1)(b), 3(3), Sch. 3
F17Words in reg. 5(6) substituted (1.4.2006) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2006 (S.I. 2006/675), regs. 1(1), 4(a) (with reg. 5)