The National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 1995

• Citation: S.I. 1995/699
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 1995 and shall come into force on 1st April 1995.

(2) In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 1989 .

Section 2 Amendments to the principal Regulations: amounts specified

(1) In regulation 3(1)(b) of the principal Regulations (supply of drugs and appliances by chemists), for the figure “£4.75” there shall be substituted the figure “£5.25”.

(2) In regulation 8(5) of the principal Regulations (pre-payment certificates)—

(a) for the figure “£24.60” there shall be substituted the figure “£27.20”; and

(b) for the figure “£67.70” there shall be substituted the figure “£74.80”.

(3) For Schedules 1, 2 and 3 to the principal Regulations there shall be substituted those Schedules as set out in the Schedule to these Regulations.

Section 3 Amendment of regulation 8 of the principal Regulations

(1) Regulation 8 of the principal Regulations (pre-payment certificates) shall be amended as follows.

(2) For paragraph (6) there shall be substituted the following paragraph—

(6) Where payment of a sum prescribed under this regulation has been made and, not more than one month after the date on which his pre-payment certificate became valid, the person in respect of whom payment was made—

(a) becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies; or

(b) becomes a person entitled to remission under regulation 3 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 ; or

(c) dies; or

(d) becomes resident in a hospital and thereafter either—

(i) dies while resident in hospital before the expiry of the pre-payment certificate; or

(ii) remains in hospital until the expiry of the pre-payment certificate,

a claim for repayment of that sum may be made, by or on behalf of that person or his estate, in accordance with paragraphs (7) and (8).

(3) After paragraph (7) there shall be inserted the following paragraph:—

(8) A claim under paragraph (6) shall be made—

(a) in a case falling within paragraph (6)(a), (b) or (c), not more than four months after the date on which the pre-payment certificate became valid;

(b) in a case falling within paragraph (6)(d)(i), not more than three months after the date of death; or

(c) in a case falling within paragraph (6)(d)(ii), not more than three months after the date on which the pre-payment certificate expired.

Section 4 Application

These Regulations shall apply in relation to supplies of drugs and appliances made after 31st March 1995 except that—

(a) the substitution of Schedule 3 by regulation 2(3) above shall apply only where the examination or first examination leading to the supply of the specified appliance takes place after that date; and

(b) the amendment of regulation 8 (pre-payment certificates) of the principal Regulations by regulations 2(2) and 3 above shall apply only where the application referred to in paragraph (1) of the said regulation 8 is received after that date.