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STATUTORY INSTRUMENTS


2001 No. 746

NATIONAL HEALTH SERVICE, ENGLAND

  Made 15th March 2001 
  Laid before Parliament 16th March 2001 
  Coming into force 1st April 2001 

The Secretary of State for Health, in exercise of powers conferred by sections 77, 83A and 126(4) of, the National Health Service Act 1977[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and extent
     1.  - (1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2001 and subject to regulation 11 of these Regulations shall come into force on 1st April 2001.

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

    (3) These Regulations extend to England only.

Amendment of regulation 3 of the principal Regulations
     2.  - (1) In paragraphs (1) and (4) of regulation 3 of the principal Regulations (supply of drugs and appliances by chemists) for "£6.00" on each occasion it appears there shall be substituted "£6.10".

    (2) In paragraph (1)(a) of regulation 3 of the principal Regulations for "£12.00" there shall be substituted "£12.20".

Amendment of regulation 4 of the principal Regulations
    
3.  - (1) In paragraphs (1) and (4) of regulation 4 of the principal Regulations (supply of drugs and appliances by doctors) for "£6.00" on each occasion it appears there shall be substituted "£6.10".

    (2) In paragraph (1)(a) of regulation 4 of the principal Regulations for "£12.00" there shall be substituted "£12.20".

Amendment of regulation 5 of the principal Regulations
    
4.  - (1) In paragraph (1)(a) and (d) and paragraph (5) of regulation 5 of the principal Regulations (supply of drugs and appliances by Health Authorities, NHS Trusts and Primary Care Trusts) for "£6.00" on each occasion it appears there shall be substituted "£6.10".

    (2) In paragraph (1)(a) and (c) of regulation 5 of the principal Regulations for "£12.00" on each occasion it appears there shall be substituted "£12.20".

Amendment of regulation 6 of the principal Regulations
    
5.  - (1) In paragraph (1)(a) and (b) and paragraph (4) of regulation 6 of the principal Regulations (supply of drugs and appliances at Walk-in-Centres) for "£6.00" on each occasion it appears there shall be substituted "£6.10".

    (2) In paragraph (1)(a) of regulation 6 of the principal Regulations for "£12.00" there shall be substituted "£12.20".

Amendment of regulation 6A of the principal Regulations
    
6. In regulation 6A of the principal Regulations (supply of drugs under Patient Group Directions)[3] in paragraph (1) for "£6.00" there shall be substituted "£6.10".

Amendment of regulation 9 of the principal Regulations
     7.  - (1) In paragraph (5) in regulation 9 of the principal Regulations (pre-payment certificates) in paragraph (5) for "£31.40" there shall be substituted "£31.90" and for "£86.20" there shall be substituted "£87.60".

    (2) In paragraph (6) for "paragraphs (7) and (8)" in regulation 9 of the principal Regulations there shall be substituted "paragraphs (13) to (15)".

    (3) For paragraphs (7) and (8) in regulation 9 of the principal Regulations there shall be substituted the following paragraphs - 

Amendment of Schedule 1 to the principal Regulations
    
8. In column 2 of Schedule 1 to the principal Regulations (charges for fabric supports and wigs) - 

Transitional provisions
    
9. Where, on or after 1st April 2001 - 

the principal Regulations shall have effect in relation to that supply or, as the case may be, grant as if these Regulations had not come into force.



Signed by authority of the Secretary of State for Health


Hunt
Parliamentary Under Secretary of State, Department of Health

15th March 2001



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 principal Regulations").

Regulations 2 to 6, 7(1) and 8 increase the charges payable under the principal Regulations but regulation 11 provides for the old charges to apply in respect of certain appliances ordered and pre-payment certificates applied for before the coming into force of the Regulations.

Regulation 7 amends regulation 9 of the principal Regulations. It extends the period of a pre-payment certificate for which a refund may be claimed on the death of the holder to the full months unexpired on that death. It extends the period (from one month to 4 months) in respect of which a refund may be claimed when the holder of a 12 month pre-payment certificate becomes entitled to exemption from or remission of prescription charges. It also extends the period for making a claim for a refund and makes provision for acceptance of a claim outside the specified time limits in cases where the Secretary of State is satisfied that the delay was for good cause.


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"), Schedule 1, paragraph 39 and by the Health and Social Security Act 1984 (c. 48), Schedule 8, Part 1. Section 83A was amended by the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 6; by the 1990 Act, Schedule 9, paragraph 18(5); by the 1995 Act, Schedule 1, paragraph 40 and by article 2 of S.I.1998/2385. Section 126(4) was amended by the 1990 Act, section 65(2) and by the Health Act 1999 (c. 8) ("the 1999 Act"), Schedule 4, paragraph 37(6). As regards Wales, the functions of the Secretary of State under the above mentioned powers are transferred to the National Assembly for Wales under article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999/672 as amended by section 66(5) of the 1999 Act; these Regulations therefore extend only to England.back

[2] S.I. 2000/620 as amended by S.I. 2000/2393 and S.I. 2000/3189.back

[3] Regulation 6A was inserted by S.I. 2000/3189.back



ISBN 0 11 029269 3


 © Crown copyright 2001

Prepared 12 April 2001


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