Preliminary matters before providing ordered drugs or appliancesU.K.
4. Before providing any drugs or appliances in accordance with paragraph 3 [F1or 3A], or in the circumstances set out in paragraph 5—
(a)a dispensing doctor (D) must ask any person who makes [F2or duly completes a declaration as or on behalf of the person named on the prescription form or repeatable prescription] that the patient does not have to pay the charges specified in regulation 4(1) of the Charges Regulations M1 (supply of drugs and appliances by doctors) by virtue of either—
(i)entitlement to exemption under [F3regulation 10(1)] of the Charges Regulations M2 (exemptions), or
(ii)entitlement to remission of charges under regulation 5 of the Remission of Charges Regulations M3 (entitlement to full remission and payment),
to produce satisfactory evidence of such entitlement, unless the declaration is in respect of entitlement to exemption by virtue of [F3regulation 10] of the Charges Regulations or in respect of entitlement to remission by virtue of regulation 5 of the Remission of Charges Regulations, and at the time of the declaration D has such evidence available to D;
(b)if, in the case of a non-electronic prescription form or non-electronic repeatable prescription, no satisfactory evidence, as required by sub-paragraph (a), is produced to D, D must endorse the form on which the declaration is made to that effect; and
(c)in the case of an electronic prescription, D must [F4ensure that the following information is duly entered into the records managed by [F5NHS England] that are accessible as part of the Electronic Prescription Service (if either it is not already recorded in those records or a check, known as a real time exemption check, has not produced satisfactory evidence as mentioned in sub-paragraph (a))]—
(i)in a case where exemption from or remission of charges is claimed for all or some of the items included in the prescription, a record of—
(aa)the exemption category specified in [F6regulation 10(1)] of the Charges Regulations or the ground for remission under regulation 5 of the Remission of Charges Regulations which it is claimed applies to the case, and
(bb)whether or not satisfactory evidence was produced to D as required by sub-paragraph (a),
(ii)in any case where a charge is due, confirmation that the relevant charge was paid, and
(iii)in a case of a prescription for or including contraceptive substances, confirmation that no charge was payable in respect of those substances.
Textual Amendments
F1Words in Sch. 6 para. 4 inserted (1.7.2019) by The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019 (S.I. 2019/990), regs. 1, 6(3)
F2Words in Sch. 6 para. 4(a) substituted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 9(3)(a)
F3Words in Sch. 6 para. 4(a) substituted (1.4.2015) by The National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570), reg. 1, Sch. 2 para. 5(6)(a)
F4Words in Sch. 6 para. 4(c) substituted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 9(3)(b)
F5Words in Sch. 6 para. 4(c) substituted (1.2.2023) by The Health and Social Care Information Centre (Transfer of Functions, Abolition and Transitional Provisions) Regulations 2023 (S.I. 2023/98), reg. 1(2), Sch. para. 47(5) (with reg. 3)
F6Words in Sch. 6 para. 4(c)(i)(aa) substituted (1.4.2015) by The National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570), reg. 1, Sch. 2 para. 5(6)(b)
Marginal Citations
M1Regulation 4 has been amended by S.I. 2000/2393, 2001/2887, 2002/548 and 2352, 2005/578, 2008/571, 2009/411, 2010/1727 and 2011/518.
M2Regulation 7 has been amended by S.I. 2000/3189, 2002/2352, 2004/696, 2005/578 and 2009/29.
M3Regulation 5 has been amended by S.I. 2004/663 and 936, 2006/562, 2008/1697 and 2009/411.