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STATUTORY INSTRUMENTS
2005 No. 1915 (W.158)
NATIONAL HEALTH SERVICE, WALES
The National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment)(No. 2) Regulations 2005
| |
Made |
12 July 2005 | |
| |
Coming into force, except |
| |
for regulations 2 and 7 |
1 August 2005 | |
| |
Regulations 2 and 7 |
1 April 2006 | |
The National Assembly for Wales in exercise of the powers conferred by sections 77, 83, 83A and 126(4) of and paragraph 1 of Schedule 12 to the National Health Service Act 1977[1] hereby makes the following Regulations:
Title, commencement, application and interpretation
1.
—(1) The title of these Regulations is the National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment) (No.2) Regulations 2005 and they come into force on 1 August 2005, except for regulations 2 and 7 which come into force on 1 April 2006.
(2) These Regulations apply in relation to Wales.
(3) In these Regulations "the principal Regulations" ("y prif Reoliadau") means the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001[2].
Amendment of amounts specified in the principal Regulations
2.
For each amount specified in the column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) (the subject matter of which is indicated in column (2)), substitute the amount specified in relation to it in column (4).
Amendment of regulation 2 of the principal Regulations
3.
In regulation 2 of the principal Regulations (interpretation)—
(a) in the appropriate place in the alphabetical order insert—
"
"the Charges Regulations 2000" ("Rheoliadau Ffioedd 2000") means the National Health Service (Charges for Drugs and Appliances) Regulations 2000[3];";
(b) in the first definition of "batch issue" ("swp-ddyroddiad") for "prescriber" in each place it occurs, substitute "repeatable prescriber";
(c) omit the second definition of "batch issue" ("swp-ddyroddiad");
(d) in the appropriate place in the alphabetical order insert—
"
"equivalent batch issue" ("swp-ddyroddiad cyfatebol") means a form provided under equivalent arrangements having effect in England, Scotland and Northern Ireland which is issued by a repeatable prescriber at the same time as an equivalent repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services;";
(e) in the appropriate place in the alphabetical order, insert—
"
"equivalent prescription form" ("ffurflen brescripsiwn gyfatebol") means a form provided and issued under equivalent arrangements having effect in England, Scotland or Northern Ireland to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include—
(a) a Welsh prescription form;
(b) a Welsh repeatable prescription ; or
(c) an equivalent repeatable prescription;";
(f) in the appropriate place in the alphabetical order, insert—
"
"equivalent repeatable prescription" ("presgripsiwn amlroddadwy cyfatebol") means a prescription contained in a form and issued in accordance with arrangements having effect in England, Scotland and Northern Ireland to enable a person to obtain repeat dispensing services;";
(g) omit the definition of "prescription form" ("ffurflen bresgripsiwn") ;
(h) in the appropriate place in the alphabetical order insert—
"
"prison" ("carchar") includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition—
"secure training centre" ("canolfan hyfforddi diogel") means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000[4] (offenders under 18: detention and training orders) may be detained and given training and education and prepared for their release; and
"young offender institution" ("sefydliad tramgwyddwyr ifanc") means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life;";
(i) after the definition of "prison" insert—
"
"prisoner" ("carcharor") means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by, or under arrangements made by a Local Health Board otherwise than by virtue of section 7(2) of the Health and Medicines Act 1988[5] (extension of the powers of Secretary of State for financing the Health Service);";
(m) in the appropriate place in the alphabetical order, insert—
"
"Welsh repeatable prescription" ("presgripsiwn amolroddadwy Cymreig") means a prescription contained in a form provided by a Local Health Board and issued by a repeatable prescriber to enable a person to obtain pharmaceutical services, which is in the format specified in Part 1 of Schedule 1 to the GMS Contract Regulations and which—
(a) is generated by a computer but signed by a repeatable prescriber; and
(b) indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;";
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—
(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—
(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.".
Amendment to regulation 4 of the principal Regulations
5.
—(1) Regulation 4 of the principal Regulations is amended as follows.
(2) For paragraph (1) substitute the following—
(3) In paragraph (2) for the words "prescription form" substitute "Welsh prescription form or on the equivalent prescription form".
(4) In paragraph (3) for the words "prescription form" in each place they occur, substitute the words "Welsh prescription form or the equivalent prescription form".
(5) In paragraph (4)—
(a) for the words "single prescription form" substitute "single Welsh prescription form or a single equivalent prescription form"; and
(b) for "£6.00" substitute "£4.00"
Amendment of regulation 8 of the principal Regulations
6.
—(1) Regulation 8 of the principal Regulations is amended as follows.
(2) In paragraph (3), at the beginning of the paragraph, insert "Subject to paragraph (3A)".
(3) After paragraph (3) insert—
Insertion of regulation 8A into the principal Regulations
7.
After regulation 8, insert the following regulation—
"
Exemption from charges for prisoners
8A.
A prisoner is not liable to pay any charges under these Regulations.".
Amendment of regulation 11 of the principal Regulations
8.
In paragraph (2) of regulation 11 of the principal Regulations, for the words "regulation 3(6)" substitute "regulation 3(8)".
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[7]
D. Elis-Thomas
The Presiding Officer of the National Assembly
12 July 2005
SCHEDULEregulation 2
Amounts substituted in the principal Regulations
|
(1)
|
(2)
|
(3)
|
(4)
|
|
Provision in the principal Regulations
|
Subject matter
|
Old amount
|
New amount
|
|
Regulation 3 |
Supply of drugs and appliances by chemists— |
|
|
|
paragraph (1)(a)(i) |
charge for elastic hosiery— |
|
|
|
|
per item |
£4.00 |
£3.00 |
|
|
per pair |
£8.00 |
£6.00 |
|
paragraph (1)(a)(ii) |
charge for drugs, and for appliances not specified in paragraph (1)(a)(i) |
£4.00 |
£3.00 |
|
paragraph (3)(a)(i) |
charge for elastic hosiery— |
|
|
|
|
per item |
£4.00 |
£3.00 |
|
|
per pair |
£8.00 |
£6.00 |
|
paragraph (3)(a)(ii) |
charge for drugs, and for appliances not specified in paragraph (3)(a)(i) |
£4.00 |
£3.00 |
|
paragraph (5)(a) |
charge for drugs supplied by instalments |
£4.00 |
£3.00 |
|
Regulation 4 |
Supply of drugs and appliances by doctors— |
|
|
|
paragraph (1)(a)(i) |
charge for elastic hosiery— |
|
|
|
|
per item |
£4.00 |
£3.00 |
|
|
per pair |
£8.00 |
£6.00 |
|
paragraph (1)(a)(ii) |
charge for drugs, and for appliances not specified in paragraph (1)(a)(i) |
£4.00 |
£3.00 |
|
paragraph (4) |
charge for drugs supplied by instalments |
£4.00 |
£3.00 |
|
Regulation 5 |
Supply of drugs and appliances to out-patients by Local Health Boards and NHS Trusts— |
|
|
|
paragraph (1)(a) |
charge for elastic hosiery— |
|
|
|
|
per item |
£4.00 |
£3.00 |
|
|
per pair |
£8.00 |
£6.00 |
|
paragraph (1)(c) |
charge for tights |
£8.00 |
£6.00 |
|
paragraph (1)(d) |
charge for drugs, and appliances not specified in paragraph (1)(a) or (1)(c), or in Schedule 1 |
£4.00 |
£3.00 |
|
paragraph (5) |
charge for drugs supplied by instalments |
£4.00 |
£3.00 |
|
Regulation 6 |
Supply of drugs and appliances at Walk-in centres— |
|
|
|
paragraph (1)(a) |
charge for elastic hosiery— |
|
|
|
|
per item |
£4.00 |
£3.00 |
|
|
per pair |
£8.00 |
£6.00 |
|
paragraph (1)(b) |
charge for drugs, and appliances not specified in paragraph (1)(a) |
£4.00 |
£3.00 |
|
paragraph (4) |
charge for drugs supplied by instalments |
£4.00 |
£3.00 |
|
Regulation 7(1) |
Supply of drugs under Patient Group Directions |
£4.00 |
£3.00 |
|
Regulation 10(5) |
Pre-payment Certificate— |
|
|
|
|
4 months |
£20.93 |
£15.69 |
|
|
12 months |
£57.46 |
£43.09 |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the National Health Service (Charges for Drugs and Appliances) (Wales) Regulations 2001 ("the principal Regulations") which provide for the making and recovery of charges for drugs and appliances supplied under the National Health Service Act 1977.
Regulation 2 and the Schedule reduce the charge for items on prescription supplied to patients from £4.00 to £3.00. The charge for elastic stockings is reduced from £4.00 to £3.00 (from £8.00 to £6.00 per pair) and that for tights from £8.00 to £6.00. The sums prescribed for the grant of pre-payment certificates are reduced from £20.93 to £15.69 for a four month certificate and from £57.46 to £43.09 for a twelve month certificate.
Amendments made by regulations 4 and 5 make provision for the application of the charges for the provision of pharmaceutical services that are prescribed by the principal Regulations only in relation to "Welsh prescriptions", that is to those prescriptions that are both issued and dispensed in Wales. Charges for prescriptions that are issued under equivalent arrangements having effect in England, Scotland and Northern Ireland ("equivalent prescriptions") will be applied at the rates prescribed by the National Health Service (Charges for Drugs and Appliances) Regulations 2000.
Regulation 6 removes the requirement that persons aged under 25 and persons aged 60 or over, who are exempt from paying charges under the principal Regulations by virtue of their age, and who have their date of birth set out on Welsh prescription forms, Welsh repeatable prescriptions, or their equivalents, must declare that they are exempt by reason of their age when supplied with drugs or appliances by chemists under regulation 3 of the principal Regulations or by doctors under regulation 4 of the principal Regulations.
Regulation 7 inserts a new regulation into the principal Regulations which provides that prisoners in certain prisons will not be liable to pay any charges under the principal Regulations. Prisoners will only obtain free drugs and appliances while actually in prison and therefore will not be required to prove entitlement to exemption from paying the charges. This change is as a result of the transfer of responsibility for prison health care provision from the Home Office to Local Health Boards with effect from April 2006.
Notes:
[1]
1977 c.49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c.19)("the 1990 Act"), section 26(2)(g) and (i), for the definitions of "prescribed" and "regulations".
Section 83 was amended by the Health Authorities Act 1995 (c.17) ("the 1995 Act"), section 1 and Schedule 1, paragraph 39 and by S.I.2000/90, article 3(1) and Schedule 1, paragraph 13(1) and (4).
Section 83A was inserted by the Social Security Act 1988 (c.7) ("the 1988 Act"), section 14(1); and was amended by the 1990 Act, section 66(1) and Schedule 9, paragraph 18(5)(a) and (b); by the Health and Medicines Act 1988 (c.49), section 25 and Schedule 2, paragraph 6; by S.I.1998/2385, article 2 and by the 1995 Act, section 2(1) and Schedule 1, paragraph 40.
Section 126(4) was amended by the 1990 Act, section 65(2) and the Health Act 1999 (c.8) ("the 1999 Act"), Schedule 4, paragraph 37(6).
Paragraph 1 of Schedule 12 was amended by the Health Services Act 1980 (c.53), section 25(2) and Schedule 5, paragraph 1; by 1988 Act, section 16 and Schedule 5; by the National Health Service (Primary Care) Act 1997 (c.46), section 41(10) and Schedule 2, paragraph 31 and by the Health and Social Care (Community Health and Standards) Act 2003 (c.43), section 184 and Schedule 11, paragraphs 7 and 44.
The functions of the Secretary of State under sections 77, 83, 83A and 126(4) of and paragraph 1 of Schedule 12 to the National Health Service Act 1977 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672), article 2 and Schedule 1, as amended by the 1999 Act, section 66(4), the Health and Social Care Act 2001 (c.15), section 68(1), the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 40(1) and the 2003 Act, section 197(1).back
[2]
S.I. 2001/1358 (W.86). Relevant amending instruments are S.I. 2001/2359 (W.196), S.I. 2004/1018 (W.115) and 2004/1605 (W.164) and S.I.2005/427 (W.44).back
[3]
S.I.2000/620.back
[4]
2000 c.6.back
[5]
1988 c.49.back
[6]
S.I.2002/254.back
[7]
1998 c.38.back
Cymraeg (Welsh)
ISBN
0 11 091176 8
| © Crown copyright 2005 |
Prepared
19 July 2005
|
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URL: http://www.bailii.org/wales/legis/num_reg/2005/20051915e.html
