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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2007 No. 1510

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Charges for Drugs and Appliances) Amendment (No.2) Regulations 2007

  Made 22nd May 2007 
  Laid before Parliament 30th May 2007 
  Coming into force 1st July 2007 

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred on her by sections 172, 174 and 272(7) and (8) of the National Health Service Act 2006[1].

Citation, commencement, application and interpretation
     1. —(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment (No.2) Regulations 2007 and shall come into force on 1st July 2007.

    (2) These Regulations apply in relation to England.

    (3) In these Regulations "the Charges Regulations" means the National Health Service (Charges for Drugs and Appliances) Regulations 2000[
2].

Amendment of regulation 9 of the Charges Regulations
     2. For regulation 9 of the Charges Regulations (pre-payment certificates), substitute the following—

Transitional provisions relating to regulation 9 of the Charges Regulations
    
3. —(1) Where an application for a pre-payment certificate made under regulation 9 of the Charges Regulations as they are immediately before these Regulations come into force is received prior to 1st July 2007, but is not determined prior to 1st July 2007, the Charges Regulations shall have effect in relation to that application and to the grant of any pre-payment certificate pursuant to that application as if these Regulations had not come into force.

    (2) Where, on or after 1st July 2007 but prior to 1st November 2007, a postal application for a pre-payment certificate valid for 4 months is received with payment of the sum of £34.65, that application shall be determined and, if appropriate, a pre-payment certificate valid for 4 months shall be granted in accordance with the Charges Regulations as if these Regulations had not come into force and the Charges Regulations shall have effect in relation to that pre-payment certificate, including any application for a refund of the sum paid for that pre-payment certificate, as if these Regulations had not come into force.

    (3) Where an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received prior to 1st July 2007, but is not determined prior to 1st July 2007, the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.

    (4) Where, on or after 1st July 2007, an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received in respect of a pre-payment certificate valid for 12 months which was granted pursuant to an application received prior to 1st July 2007 and the application is made on the grounds that not more than one month after the date on which the pre-payment certificate became valid, the person in respect of whom the pre-payment certificate was granted—

    (5) Where, on or after 1st July 2007, an application for a refund of the sum paid for a pre-payment certificate under the Charges Regulations is received in respect of a pre-payment certificate valid for 4 months which was granted pursuant to an application received prior to 1st July 2007, the Charges Regulations shall have effect in relation to that application as if these Regulations had not come into force.



Signed by authority of the Secretary of State for Health


Hunt
Minister of State Department of Health

22nd May 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ("the Charges Regulations").

Regulation 2 inserts a replacement regulation 9 into the Charges Regulations to make changes to the system of pre-payment certificates ("PPCs"). Paragraphs (1) to (7) make provision about applications for, and the grant of, PPCs, the effect of PPCs, and include provisions to enable PPCs valid for 12 months to be paid for by direct debit in monthly instalments. Paragraphs (8) to (14) make provision about entitlement to refunds of sums paid for PPCs, applications for such refunds and the payment of such refunds.

Regulation 3 makes transitional provision in relation to applications for PPCs and PPC refunds which in some way straddle the PPC system prior to 1st July 2007 and the PPC system introduced by these Regulations as from 1st July 2007.


Notes:

[1] 2006 c.41back

[2] S.I. 2000/620, as amended by S.I. 2000/2393, S.I. 2000/3189, S.I. 2001/746, S.I. 2001/2887, S.I. 2002/548, S.I. 2002/1386, S.I. 2002/2352, S.I. 2003/585, S.I. 2003/699, S.I. 2003/1084, S.I. 2004/663, S.I. 2005/578, S.I. 2006/675 and S.I. 2007/543.back

[3] S.I. 2003/2382, as amended by S.I. 2004/663, S.I. 2004/936, S.I. 2005/26, S.I. 2005/578, S.I. 2006/675, S.I. 2006/1065, S.I. 2006/2171 and S.I. 2007/988.back



ISBN 978 0 11 077080 2


 © Crown copyright 2007

Prepared 30 May 2007


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