[F1Supply of drugs and appliances by NHS trusts and NHS foundation trusts] E+W

5.—(1) F2...An NHS trust [F3or an NHS foundation trust] which supplies to a patient for the purposes of his treatment, drugs [F4or appliances, except in the case of drugs administered or appliances fitted at the hospital or other establishment or facility which forms part of the NHS trust or NHS foundation trust,] shall, subject to paragraphs (3)[F5, (3A)] [F6, (3B)] and (4), make and recover from the patient–

(a)in respect of an item of elastic hosiery a charge of [F7£7.85], that is to say a charge of [F8£15.70] 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 [F9£15.70];

(d)in respect of the supply of each other appliance and of each quantity of a drug, a charge of [F10£7.85].

(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 [F11regulation 7(2)], or

(c)by reason of being entitled to remission under [F12regulation 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 theF13... NHS trust [F14or NHS foundation trust] may reasonably require.

[F15(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.]

[F16(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 [F17regulation 247 (exemption for supply in the event or anticipation of pandemic disease) of the Human Medicines Regulations 2012].]

(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 [F18£7.85] payable for that drug shall be payable upon the supply of the first instalment.

(6) [F19An] NHS trust [F20or an NHS foundation 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 [F21the form [F22approved 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.