The National Health Service (Charges for Drugs and Appliances) Regulations 2015

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Version Superseded: 26/11/2018

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Supply of drugs and appliances by chemistsE+W

This section has no associated Explanatory Memorandum

3.—(1) Except as provided in paragraph (2), a chemist who provides pharmaceutical services or local pharmaceutical services to a patient must, subject to paragraphs (5) to (7), make and recover from that patient for the supply of—

(a)an item of elastic hosiery, a charge of [F1£8.80] or [F2£17.60] per pair;

(b)each other appliance, a charge of [F3£8.80];

(c)each quantity of a drug, a charge of [F4£8.80].

(2) A chemist who provides repeat dispensing services to a patient must, subject to paragraphs (5) to (7), make and recover from that patient in respect of each batch issue and each electronic prescription form for the supply of—

(a)an item of elastic hosiery, a charge of [F5£8.80] or [F6£17.60] per pair;

(b)each other appliance, a charge of [F7£8.80];

(c)each quantity of a drug, a charge of [F8£8.80].

(3) Where a charge is paid under paragraph (1), the person paying the charge must on doing so F9...—

(a)where a non-electronic prescription form has been issued, sign a declaration in writing on the non-electronic prescription form that the relevant charge has been paid; F10...

(b)where an electronic prescription form has been created, provide a declaration that the relevant charge has been paid on an approved form provided by the Board for recording patient declarations in respect of electronic prescription forms and issued by a chemist[F11; or]

[F12(c)where the person has been supplied with a drug—

(i)in accordance with regulation 225 of the Human Medicines Regulations 2012 (emergency sale etc by pharmacist: at patient’s request), and

(ii)pursuant to arrangements made in accordance with directions given by the Secretary of State under section 127 of the 2006 Act (arrangements for additional pharmaceutical services) or, if the drug is supplied under arrangements for the provision of local pharmaceutical services, equivalent arrangements to arrangements made in accordance with such directions,

provide a declaration that the relevant charge has been paid on an approved form provided by the Board for recording patient declarations in respect of supplies in accordance with regulation 225 of the Human Medicines Regulations 2012 and issued by a chemist.]

(4) Where a charge is paid under paragraph (2), the person paying the charge must on doing so either—

(a)in respect of a batch issue, sign a declaration in writing on the batch issue that the relevant charge has been paid; or

(b)in respect of an electronic repeatable prescription, provide a declaration that the relevant charge has been paid on an approved form provided by the Board for recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist.

(5) No charge is to be made and recovered under paragraph (1) or paragraph (2) where—

(a)there is an exemption by virtue of regulation 10(1) and, subject to regulation 10(5), a declaration of entitlement to an exemption is duly completed by or on behalf of the patient—

(i)in cases involving a batch issue referred to in paragraph (2), on the batch issue at the time that the drug or appliance is supplied,

(ii)in cases involving an electronic repeatable prescription referred to in paragraph (2) on an approved form provided by the Board for recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist,

(iii)in cases involving an electronic prescription form, on an approved form provided by the Board for recording patient declarations in respect of electronic prescription forms and issued by a chemist,F13...

[F14(iiia)in cases involving the supply of a drug—

(aa)in accordance with regulation 225 of the Human Medicines Regulations 2012, and

(bb)pursuant to arrangements made in accordance with directions given by the Secretary of State under section 127 of the 2006 Act or, if the drug is supplied under arrangements for the provision of local pharmaceutical services, equivalent arrangements to arrangements made in accordance with such directions,

on an approved form provided by the Board for recording patient declarations in respect of supplies in accordance with regulation 225 of the Human Medicines Regulations 2012 and issued by a chemist, or]

(iv)in all other cases, on the non-electronic prescription form;

(b)there is entitlement to remission of the charge by virtue of regulation 5 of the Travel Expenses and Remission of Charges Regulations M1 (entitlement to full remission and payment) and a declaration of entitlement to remission is duly completed by or on behalf of the patient either—

(i)in cases involving a batch issue referred to in paragraph (2), on the batch issue at the time that the drug or appliance is supplied,

(ii)in cases involving an electronic repeatable prescription referred to in paragraph (2), on an approved form provided by the Board for recording patient declarations in respect of electronic repeatable prescriptions and issued by a chemist,

[F16(iiia)in cases involving the supply of a drug—

(aa)in accordance with regulation 225 of the Human Medicines Regulations 2012, and

(iv)in all other cases, on the non-electronic prescription form; or

(c)the patient is resident in a school or institution, the name of which is inserted on the non-electronic prescription form by a prescriber under the term of an arrangement to provide primary medical services under section 83(2) of the 2006 Act M2 (primary medical services).

(6) No charge is to be made and recovered under paragraph (1) or (2) where there is an exemption by virtue of section 173(1)(d) of the 2006 Act M3 (exemptions from general charging) or regulation 10(2), 11, 12, 13 or 14.

(7) For the purposes of this regulation, where a drug ordered on a single prescription form is supplied by instalments, the charge of [F17£8.80] payable for that drug is payable on the supply of the first instalment.

(8) A chemist is under no obligation to supply drugs or appliances in the course of providing pharmaceutical services or local pharmaceutical services where a charge is required to be made and recovered under paragraphs (1) or (2) unless the patient first pays that charge (notwithstanding any provisions in the chemist's terms of service).

(9) Where a patient requests a receipt for a charge made and recovered under paragraph (1) or (2), the chemist must give the patient a receipt for the amount received on the relevant approved form.

(10) Any sum which would otherwise be payable by the Board to a chemist in respect of the provision by that chemist of pharmaceutical services or local pharmaceutical services is to be reduced by the amount of any charges which must be made and recovered under paragraph (1) or (2).

(11) In paragraph (8), “terms of service” means the terms on which pharmaceutical services or local pharmaceutical services are provided under the 2006 Act.

Textual Amendments

F1Word in reg. 3(1)(a) substituted (1.4.2018) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2018 (S.I. 2018/201), regs. 1(1), 2(2)(a)

F2Word in reg. 3(1)(a) substituted (1.4.2018) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2018 (S.I. 2018/201), regs. 1(1), 2(3)(a)

F3Word in reg. 3(1)(b) substituted (1.4.2018) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2018 (S.I. 2018/201), regs. 1(1), 2(2)(a)

F4Word in reg. 3(1)(c) substituted (1.4.2018) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2018 (S.I. 2018/201), regs. 1(1), 2(2)(a)

F5Word in reg. 3(2)(a) substituted (1.4.2018) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2018 (S.I. 2018/201), regs. 1(1), 2(2)(a)

F6Word in reg. 3(2)(a) substituted (1.4.2018) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2018 (S.I. 2018/201), regs. 1(1), 2(3)(a)

F7Word in reg. 3(2)(b) substituted (1.4.2018) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2018 (S.I. 2018/201), regs. 1(1), 2(2)(a)

F8Word in reg. 3(2)(c) substituted (1.4.2018) by The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2018 (S.I. 2018/201), regs. 1(1), 2(2)(a)

F9Word in reg. 3(3) omitted (5.12.2016) by virtue of The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 26(a)(i)

F10Word in reg. 3(3)(a) omitted (5.12.2016) by virtue of The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 26(a)(ii)

F11Word in reg. 3(3)(b) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 26(a)(iii)