The National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment)(No. 2) Regulations 2005

Substitution of regulation 3 of the principal Regulations

4.  For regulation 3 of the principal Regulations substitute the following regulation—

“Supply of drugs and appliances by chemists

3.— (1) A chemist who provides pharmaceutical services to a patient, must, subject to paragraph (6), make and recover from that patient—

(a) where the patient presents a Welsh prescription form—

(i) in respect of an item of elastic hosiery a charge of £4.00, that is to say a charge of £8.00, per pair,

(ii) in respect of the supply of each other appliance and of each quantity of a drug, a charge of £4.00;

(b) where the patient presents an equivalent prescription form—

(i) in respect of an item of elastic hosiery the charge that is specified in regulation 3(1)(a) of the Charges Regulations 2000,

(ii) in respect of the supply of each other appliance and of each quantity of a drug, the charge that is specified in regulation 3(1)(b) of the Charges Regulations 2000.

(2) Where a charge is paid under paragraph (1), the person making the payment must on doing so sign a declaration in writing on the Welsh prescription form or on the equivalent prescription form that the relevant charge has been paid.

(3) A chemist who provides repeat dispensing services to a patient must, subject to paragraph (6), make and recover from that patient—

(a) in respect of each batch issue—

(i) in respect of an item of elastic hosiery a charge of £4.00, that is to say a charge of £8.00 per pair,

(ii) in respect of the supply of each other appliance and of each quantity of a drug, a charge of £4.00;

(b) in respect of each equivalent batch issue—

(i) in respect of an item of elastic hosiery, the charge specified in regulation 3(1A)(b)(i) of the Charges Regulations 2000,

(ii) in respect of the supply of each other appliance and of each quantity of a drug, the charge that is specified in regulation 3(1A)(b)(ii) of the Charges Regulations 2000.

(4) Where a charge is paid under paragraph (3), the person making the payment must on doing so sign a declaration in writing on the batch issue or on the equivalent batch issue that the relevant charge has been paid.

(5) For the purposes of this regulation—

(a) where a drug ordered on a single Welsh prescription form is supplied by instalments, the charge of £4.00 payable for that drug must be paid upon the supply of the first instalment;

(b) where a drug ordered on a single equivalent prescription form is supplied by instalments, the charge specified in regulation 3(4) of the Charges Regulations 2000 must be paid upon the supply of the first instalment.

(6) No charges may be made and recovered under paragraphs (1), (3) or (5) where—

(a) there is an exemption under regulation 8 and a declaration of entitlement to exemption is duly completed by or on behalf of the patient—

(i) in cases where a Welsh prescription form is presented, on the Welsh prescription form,

(ii) in cases where an equivalent prescription form is presented, on the equivalent prescription form,

(iii) in cases falling within paragraph (3), on the batch issue relating to the Welsh repeatable prescription or, on the equivalent batch issue relating to the equivalent repeatable prescription, at the time the drug or appliance is supplied;

(b) there is entitlement to remission of the charge under regulation 3 of the Travelling Expenses and Remission of Charges Regulations and a declaration of entitlement to remission is duly completed by or on behalf of the patient—

(i) in cases where a Welsh prescription form is presented, on the Welsh prescription form,

(ii) in cases where an equivalent prescription form is presented, on the equivalent prescription form,

(iii) in cases falling within paragraph (3), on the batch issue relating to the Welsh repeatable prescription or, on the equivalent batch issue relating to the equivalent repeatable prescription, at the time that the drug or appliance is supplied; or

(c) the patient is resident in a school or institution the name of which is inserted on the Welsh prescription form or on the equivalent prescription form by a prescriber pursuant to the term of a general medical services contract which gives effect to paragraph 44(2) of Schedule 6 to the GMS Contract Regulations or of other arrangements for the provision of primary medical services made under section 16CC(2) of the Act.

(7) A chemist, notwithstanding his or her terms of service, shall be under no obligation to provide pharmaceutical services in respect of an order on—

(a) a Welsh prescription form,

(b) an equivalent prescription form,

(c) a Welsh repeatable prescription, or

(d) an equivalent repeatable prescription,

unless he or she is first paid by the patient any charge required to be made and recovered by paragraph (1), (3), or (5) in respect of that order.

(8) A chemist who makes and recovers a charge under paragraph (1), (3), or (5) must, if so required by the patient, give to the patient a receipt for the amount received on the form provided for the purpose which form must contain forms of declaration in support of an application for repayment and information as to whom an application for repayment may be made.

(9) Any sum which would otherwise be payable by a Local Health Board to a chemist in respect of the provision by the chemist of pharmaceutical services will be reduced by the amount of any charges which are required to be made and recovered by the preceding provisions of this regulation.”.