The National Health Service (Charges for Drugs and Appliances) Regulations 2015
| Jurisdiction | UK Non-devolved |
| Citation | SI 2015/570 |
- “the 2000 Act” means the Electronic Communications Act 2000 ;
- “the 2006 Act” means the National Health Service Act 2006;
- “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 the Secretary of State may determine;
- “advanced electronic signature” means an electronic signature which is—
- (a) uniquely linked to the signatory;
- (b) capable of identifying the signatory;
- (c) F69created using electronic signature creation data that the signatory can, with a high level of confidence, use under the signatory's sole control; and
- (d) linked to the data to which it relates in such a manner that any subsequent change of data is detectable;
- “another primary care organisation” means—
- (a) as regards Wales, a Local Health Board;
- (b) as regards Scotland, a Health Board constituted under section 2 of the National Health (Scotland) Act 1978 (Health Boards) ;
- (c) as regards Northern Ireland, the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (Regional Health and Social Care Board) ; and
- (d) as regards England, in relation to any time prior to 1st April 2013, a Primary Care Trust;
... - “appliance”, unless the context otherwise requires, means an appliance included in a list approved by the Secretary of State for the purposes of section 126 of the 2006 Act (arrangements for pharmaceutical services) , but does not include a contraceptive appliance;
- “approved”, in relation to forms, means approved by the Secretary of State;
- “armed forces of the Crown” means the forces that are “regular forces” or “reserve forces” within the meanings given in section 374 of the Armed Forces Act 2006 (definitions applying for the purposes of the whole Act) ;
- “arrangements for recharging” means arrangements under paragraph 3 of Schedule 12A to the 2006 Act (pharmaceutical remuneration – other pharmaceutical remuneration) under which the Board requires a person to reimburse it for any pharmaceutical remuneration to which that paragraph applies;
- “bank holiday” means any day that is, by virtue of section 1 of, or Schedule 1 to, the Banking and Financial Dealings Act 1971 (which relate to bank holidays) , a bank holiday in England;
- “batch issue” means an approved form, in the format required by the Board (or person exercising its functions) , which—
- (a) is issued by a prescriber at the same time as a non-electronic repeatable prescription to enable a chemist or a dispensing doctor to receive payment for the provision of repeat dispensing services;
- (b) relates to a particular non-electronic repeatable prescription and contains the same date as that prescription;
- (c) is generated by a computer and not signed by a prescriber;
- (d) is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs or appliances ordered on the non-electronic repeatable prescription may be provided; and
- (e) has included on it a number denoting its place in the sequence referred to in sub-paragraph (d) ;
- “CCG” means a clinical commissioning group;
- “chemist” means an LPS chemist or a person included in a pharmaceutical list of the type referred to in regulation 10(2) (a) or (b) of the Pharmaceutical and Local Pharmaceutical Services Regulations (pharmaceutical lists and EPS lists) ;
- “chiropodist or podiatrist independent prescriber” means a chiropodist or podiatrist who is registered in Part 2 of the register maintained under article 5 of the F111Health Professions Order 2001 (establishment and maintenance of register) , and against whose name in that register is recorded an annotation signifying that the chiropodist or podiatrist is qualified to order drugs and appliances as a chiropodist or podiatrist independent prescriber;
- “community treatment order” means an order under section 17A(1) of the Mental Health Act 1983 (community treatment orders) ;
- “directed services” means additional pharmaceutical services provided in accordance with directions under section 127 of the 2006 Act (arrangements for additional pharmaceutical services) ;
- “dispensing doctor” is to be construed in accordance with regulation 46(1) of the Pharmaceutical and Local Pharmaceutical Services Regulations (dispensing doctor lists) ;
- “dispensing services” means the provision of drugs or appliances that may be provided as pharmaceutical services by a medical practitioner in accordance with arrangements made under sections 126 and 132 of the 2006 Act (arrangements for pharmaceutical services, and persons authorised to provide pharmaceutical services) ;
- “doctor” means a registered medical practitioner;
- “drugs” includes medicines, but does not include contraceptive substances;
- “elastic hosiery” means anklet, legging, knee-cap, below-knee or thigh stocking;
- “electronic communication” has the same meaning as in section 15(1) of the 2000 Act (general interpretation) ;
- “electronic prescription form” means data created in an electronic form for the purpose of ordering a drug or appliance, which—
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(a) is compatible with the systems used by the Board (or a person exercising its functions) for—
- (i) the remuneration of persons providing pharmaceutical services or local pharmaceutical services, and
- (ii) any apportionment of, or any arrangements for recharging in respect of, that remuneration,
- (b) is signed with a prescriber's advanced electronic signature;
- (c) is transmitted as an electronic communication to a nominated dispensing contractor F82or via an information hub by the Electronic Prescription Service; and
- (d) does not indicate that the drug or appliance ordered may be provided more than once;
-
(a) is compatible with the systems used by the Board (or a person exercising its functions) for—
- “electronic repeatable prescription” means data created in an electronic form, which—
- (a) is signed with a prescriber's advanced electronic signature;
- (b) is transmitted as an electronic communication to a nominated dispensing contractor F83or via an information hub by the Electronic Prescription Service;
- (c) indicates that the drug or appliance ordered may be provided more than once; and
- (d) specifies the number of occasions on which they may be provided;
- “Electronic Prescription Service” means the service of that name which is managed by the Information Centre;
- “electronic signature” has the same meaning as in section 7 of the 2000 Act (electronic signatures and related certificates) ;
- F70“electronic signature creation data” means unique data which is used by the signatory to create an electronic signature;
- “enhanced services” means the directed services which the Board is authorised (as opposed to required) to arrange by virtue of directions under section 127 of the 2006 Act;
- “exemption certificate”, unless the context otherwise requires, has the meaning assigned to it by regulation 15(1) ;
- “GMS contract” means a general medical services contract, and “GMS contractor” is to be construed accordingly;
- “independent nurse prescriber” means a person—
- (a) who is registered in the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 (establishment and maintenance of register) ; and
- (b) against whose name in that register is recorded an annotation signifying that they are...
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