National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007

Regulation 12

SCHEDULE 1 Transitional Provisions

Repayment of charges

1.—(1) Where a charge has been paid under the Charges Regulations 2001 by or on behalf of a person who was at the time of payment exempt from the requirement to pay that charge under regulation 8 of those Regulations, an application for repayment of that charge may be made in accordance with paragraph (2) by or on behalf of that person.

(2) The application for repayment must —

(a) be made to the person or body specified in the receipt which is given under regulation 3(8), 4(6), 5(6), 6(5) or 7(5) of the Charges Regulations 2001 as being the person or body to whom application for repayment of charges is to be made;

(b) be made in such form and manner as the National Assembly may determine for the applicant, any class of applicant or applicants generally;

(c) be made within 3 months from the date on which the drug or appliance was supplied to the applicant or within such period as the National Assembly may, for good cause, allow;

(d) be accompanied by the receipt for the charge paid and a declaration as to the grounds of exemption.

(3) In the case of a charge under regulation 5 in respect of an appliance specified in column (1) of Schedule 1 to the Charges Regulations 2001, regulation 11(3) of the Charges Regulations 2001 applies.

(4) Arrangements made by the National Assembly for the repayment of any charge paid under regulation 11(4) of the Charges Regulations 2001 by a person who is entitled to exemption continue to have effect for the purposes of paragraph 1.

Pre payment Certificates

2.—(1) Where a person has obtained a pre-payment certificate by virtue of making any payment in accordance with regulation 10 of the Charges Regulations 2001, and the relevant period as defined by paragraph (3) is unexpired, an application for a refund may be made, by or on behalf of that person or his or her estate, in accordance with paragraph (4) in respect of each complete month following 1 April 2007.

(2) The refund referred to in paragraph (1) is calculable as follows—

(a) in the case of a pre-payment certificate valid for 4 months, one quarter of the prescribed sum paid for each complete month during which the pre-payment certificate is or was valid;

(b) in the case of a pre-payment certificate valid for 12 months one twelfth of the prescribed sum paid for each complete month during which the pre-payment certificate is or was valid;

and for the purposes of these calculations “complete month” means a month beginning on the monthly anniversary of the date upon which the pre-payment certificate became valid and ending on the date immediately preceding that date in the following month.

(3) In paragraph (1) “the relevant period” means the period of validity of the pre-payment certificate excluding the month in respect of which an application for repayment under paragraph (1) may be made.

(4) Applications under this regulation must be made to the Local Health Board that received the prescribed sum under regulation 10 of the Charges Regulations 2001 and must be accompanied by the certificate (where granted) and a declaration in support of the claim, and the claim and any repayment must be made in such manner and subject to such conditions as the National Assembly may determine.

Regulation 13

SCHEDULE 2 Minor and Consequential Amendments

The National Health Service (Pharmaceutical Services) Regulations 1992

1.—(1) The National Health Service (Pharmaceutical Services) Regulations 1992 are amended as provided in this paragraph.

(2) In regulation 2(1) (interpretation) substitute the definition of “the Charges Regulations” with the following—

““the Charges Regulations” means the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007”.

(3) In paragraph (7) of Part 2 (Essential Services) of Schedule 2 delete the term “or (1A)”.

The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 1988

2.  Substitute the entirety of paragraph (1)(b) of regulation 7 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 1988 with the following—

“(1) (b) provide any declaration of entitlement required under regulation 3(8) or 4(3) of the National Health Services (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007.”

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

3.—(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 are amended as provided in this paragraph.

(2) In paragraph 11A of Part 1 of Schedule 6 (Other Contractual Terms)—

(a) in sub-paragraph (1) substitute the definition of “the Charges Regulations” with the following—

““the Charges Regulations” means the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007”.

(b) in sub-paragraph (5)(a) substitute the term “4(1)” with the term “4(3)”.

Regulation 14

SCHEDULE 3 REGULATIONS REVOKED

(1)	(2)	(3)
Regulations revoked	Reference	Extent of revocation
National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001	SI 2001/1358 (W.86)	The whole Regulations except regulation 11(3) and (4).Regulation 11(3) and 11(4) with effect from 1 July 2007.
National Health Service (Charges for Drugs and Appliances) (Amendment) (Wales) Regulations 2001	SI 2001/1359 (W.196)	The whole Regulations
National Health Service (Amendments concerning Supplementary and Independent Nurse Prescribing) (Wales) Regulations 2003	SI 2003/2624 (W.252)	Regulation 4
National Health Service (Pharmaceutical Services etc) (Repeatable Prescriptions) (Amendment) (Wales) Regulations 2004	SI 2004/1018 (W.115)	Regulations 1(4), 7 and 8
National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment) Regulations 2004	SI 2004/1605 (W.164)	The whole Regulations
Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004	SI 2004/1771	Paragraph 29 of Part 2 of Schedule 2
General Medical Services Transitional and Consequential Provisions (Wales) (No.2) Order 2004	SI 2004/1016 (W.113)	Paragraph 24 of Schedule 1
National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment) Regulations 2005	SI 2005/427 (W.44)	The whole Regulations
National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment) (No.2) Regulations 2005	SI 2005/1915 (W.158)	The whole Regulations
National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment) Regulations 2006	SI 2006/943 (W.92)	The whole Regulations
General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006	SI 2006/946 (W.95)	Paragraph 4 of Schedule 1
National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment) (No.2) Regulations 2006	SI 2006/1792 (W.188)	The whole Regulations