97.—(1) An NHS chemist who is presented with or receives an order under paragraph 5(2) or (3) of Schedule 4, or paragraph 4(2) or (3) of Schedule 5, is eligible to claim a payment from [F1NHS England], in accordance with the Drug Tariff, if—
(a)the NHS chemist has refused, in accordance with paragraph 9 of Schedule 4 or paragraph 8 of Schedule 5, to provide a drug or appliance and has informed [F1NHS England] of this action as soon as practicable; or
(b)has provided a drug or appliance pursuant to paragraph 5(2) or (3) of Schedule 4, or paragraph 4(2) or (3) of Schedule 5 but has reason to believe (whether or not this was the case at the time that the drug or appliance was dispensed) that the order was not a genuine order on NHS prescription and has informed [F1NHS England] of this belief as soon as is practicable,
and in either case has sent the order (or, in the case of an electronic prescription, details of it) to [F1NHS England].
(2) Where [F1NHS England] establishes that an order about which it has been notified in accordance with paragraph (1) was not a genuine order, [F1NHS England] must make such payment as is due to the NHS chemist under the Drug Tariff.
(3) In this regulation, “order” includes a purported order.
Textual Amendments
F1Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1