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7. Regulation 7 of the principal regulations (exemptions) is amended as follows:
(a)in paragraph (1)(d) and (1)(e), for “a Health Authority” there is substituted “the Secretary of State”;
(b)in paragraph (6)(a), after “pharmaceutical services” there is inserted “or local pharmaceutical services”; and
(c)for paragraph (7) there is substituted—
“(7) Where a claim to exemption has been made but is not substantiated, and in consequence of the claim a charge has not been recovered—
(a)if the drugs or appliances were supplied by an NHS Trust, then that NHS Trust shall recover that charge from the person concerned; or
(b)if the drugs or appliances were supplied by—
(i)a Primary Care Trust,
(ii)a chemist on a Primary Care Trust’s list; or
(iii)a chemist who has entered into an agreement with a Primary Care Trust to provide local pharmaceutical services,
then that Primary Care Trust shall recover that charge from the person concerned.”.
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