National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/326 |
| Year | 1989 |
1989No. 326
NATIONAL HEALTH SERVICE, SCOTLAND
The National Health Service (Charges for Drugs and Appliances)
(Scotland) Regulations 1989
3rdMarch1989
10thMarch1989
1stApril1989
ARRANGEMENT OF REGULATIONS
1. Citation and commencement.
2. Interpretation.
3. Supply of drugs and appliances by chemists.
4. Supply of drugs and appliances by doctors.
5. Supply of drugs and appliances to out-patients.
6. Fabric supports and wigs.
7. Exemptions.
8. Pre-payment certificates.
9. Repayments.
10. Application.
11. Revocations.
Schedule 1 Charges for elastic hosiery.
Schedule 2 Charges for tights.
Schedule 3 Charges for fabric support and wigs.
Schedule 4 Revocations.
The Secretary of State, in exercise of the powers conferred on him by sections 19, 25, 27, 69, 75(a), 105 and 108(1) of, and paragraph 1 of Schedule 11 to, the National Health Service (Scotland) Act 1978( ( a)) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 and shall come into force on 1st April 1989.
Interpretation
2.-(1) In these Regulations, unless the context otherwise requires-
"the Act" means the National Health Service (Scotland) Act 1978;
"accepted disablement" means physical or mental injury or disease which is accepted by the Secretary of State as attributable to or aggravated by service in the armed forces of the Crown or such other service as he may determine;
"appliance" means an appliance, other than a contraceptive appliance, which is a listed appliance within the meaning of section 27(1) of the Act;
"Board" means a Health Board constituted under section 2 of the Act;
"chemist" includes any person, other than a doctor, providing pharmaceutical services;
"the Dental Services Regulations" means the National Health Service (General Dental Services) (Scotland) Regulations 1974( ( b));
"dentist" means a registered dental practitioner;
"doctor" means a fully registered medical practitioner;
"drugs" includes medicines but does not include contraceptive substances;
"exemption" means any remission granted under or by virtue of these Regulations;
"exemption certificate" means a certificate issued pursuant to these Regulations authorising a person to claim exemption from charges payable under these Regulations;
"medical list" has the meaning assigned to it by regulation 4(1) of the Medical Services Regulations;
"the Medical Services Regulations" means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974( ( c));
"out-patient" means a person receiving treatment under the Act otherwise than under Part II of the Act and who is not for the purpose of receiving that treatment resident in a hospital;
"patient" means as the case may require any person for whose treatment a doctor or dentist is responsible under his terms of service or any person who applies to a chemist for the provision of pharmaceutical services; and includes a person who so applies to a chemist on behalf of a patient and a person who pays or undertakes to pay on behalf of a patient the charges for which these Regulations provide;
"pharmaceutical services" means services provided under section 27 of the Act;
(a) 1978 c.29; Section 19 was amended by the Health Services Act 1980 (c.53), ( "the 1980 Act"), Section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c.41) ( "the 1983 Act"), Schedule 7, paragraph 2, and by the Medical Act 1983 (c.54), Schedule 5, paragraph 17(a); Section 25 was amended by the 1980 Act, Schedule 6, paragraph 4, by S.I. 1981/432, by the 1983 Act, Section 16 and by the Health and Medicines Act 1988 (c.49) ( "the 1988 Act"), Schedule 2, paragraph 11; section 27 was amended by the 1980 Act, section 20(2), by the National Health Service (Amendment) Act 1986 (c.66), section 3(3) and by S.I. 1987/2202; section 105, which was amended by the 1980 Act, Schedule 6, paragraph 5 and Schedule 7 and by the 1983 Act, Schedule 9, paragraph 24, contains provisions relevant to the making of regulations; and section 108(1) contains definitions of "prescribed" and "regulations" relevant to the exercise of the statutory powers under which these Regulations are made.
(b) S.I. 1974/505; relevant amending instruments are S.I. 1974/2048, 1980/1220, 1981/900, 1984/1491, 1985/1552, 1986/1571, 1987/1634 and 1988/854.
(c) S.I. 1974/506; relevant amending instruments are S.I. 1975/696, 1976/733, 1574, 1978/1762, 1981/56 and 965, 1982/1279, 1985/296, 534, 804, 1625 and 1713, 1986/303, 925, 1507 and 2310, 1987/386 and 1382, 1988/1073, 1454 and 2259.
"prescription form" means a form on which the provision of pharmaceutical services may be ordered by a Board or by a doctor or dentist pursuant to the provisions of their terms of service and which contains on its reverse side a form of declaration of entitlement to exemption;
"terms of service" has the meaning respectively in respect of a doctor, a chemist or a dentist assigned to it in the Medical Services Regulations or the Dental Services Regulations;
"treatment" includes examination and diagnosis.
(2) For the purpose of these Regulations (a) the supply of quantities of the same drug in more than one container against an order on one prescription form shall be deemed to be the supply of only one quantity of a drug and (b) the supply against an order on one prescription form of more than one appliance of the same type or the supply against an order on one prescription form of two or more component parts of the same appliance shall be deemed to be the supply of only one appliance, so however that any piece of elastic hosiery shall be deemed to be a separate appliance.
(3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation in, or as the case may be, the Schedule to these Regulations which bears that number, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Supply of drugs and appliances by chemists
3.-(1) A chemist who provides pharmaceutical services to a patient shall make and recover from the patient-
(a) in respect of the supply of an appliance specified in column 1 of Schedule 1 a charge in the sum specified in column 2 of Schedule 1 in respect of that appliance; and(b) in any other case, in respect of the supply of each quantity of a drug and...To continue reading
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