The National Health Service (Coronavirus) (Charges and Further Amendments Relating to the Provision of Primary Care Services During a Pandemic etc.) Regulations 2020

• Citation: S.I. 2020/885
• Sections: 9

Section 1 Citation and commencement

(1) These Regulations may be cited as the National Health Service (Coronavirus) (Charges and Further Amendments Relating to the Provision of Primary Care Services During a Pandemic etc.) Regulations 2020.

(2) These Regulations come into force on the twenty-first day after the day on which they are laid before Parliament.

Section 2 Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2015

(1) The National Health Service (Charges for Drugs and Appliances) Regulations 2015 are amended as follows.

(2) After regulation 10 insert—

Declarations, signatures and evidence of entitlement or of payment during a pandemic etc.

(10A)

(1) Where, by virtue of these Regulations, a person is required to make, provide, complete or sign any declaration, or provide any evidence (including by way of completing a form or providing a certificate), but as a consequence of a disease being, or in anticipation of a disease being imminently—

(a) pandemic; and

(b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

(2) Modifications under paragraph (1) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to make, provide, complete or sign any declaration, or provide any evidence.

(3) An announcement under paragraph (1) may be withdrawn or amended at any time.

Section 3 Amendment of the National Health Service (Optical Charges and Payments) Regulations 2013

(1) The National Health Service (Optical Charges and Payments) Regulations 2013 are amended as follows.

(2) After regulation 26 (signatures and claims for payments) insert—

Claims, signatures and evidence of eligibility during a pandemic etc.

(26A)

(1) Where, by virtue of these Regulations, a person is required to make a claim, complete or sign any or any part of a voucher, sign any declaration or produce any evidence, but as a consequence of a disease being, or in anticipation of a disease being imminently—

(a) pandemic; and

(b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

(2) Modifications under paragraph (1) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to make a claim, complete or sign any or any part of a voucher, sign any declaration or produce any evidence.

(3) An announcement under paragraph (1) may be withdrawn or amended at any time.

Section 4 Amendment of the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

(1) The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 are amended as follows.

(2) In regulation 6 (subsequent assessments)—

(a) before paragraph (1) insert—

(A1) Any HWB that has not published a pharmaceutical needs assessment before 1st July 2020 must publish its first pharmaceutical needs assessment by 1st April 2022.

(A2) Any HWB that has published a pharmaceutical needs assessment before 1st July 2020 must publish a revised assessment by 1st April 2022 (but it is not required to publish a revised assessment before that date).

(b) in paragraph (1), for “pharmaceutical needs assessment,” substitute “or a revised assessment required by 1st April 2022 by virtue of paragraph (A2),”; and

(c) in paragraph (2), before “A HWB must make” insert “After it has published its first or a revised assessment required by 1st April 2022 by virtue of paragraph (A1) or (A2),”,

and in its heading, after “assessments” insert “and later first assessments”.

(3) In Schedule 2 (applications in respect of pharmaceutical lists and the procedures to be followed), in paragraph 34 (taking effect of listing decisions: general)—

(a) in sub-paragraph (4)(b), for “6 months” substitute “12 months”; and

(b) after sub-paragraph (5) insert—

(6) In any case where a longer period allowed by virtue of sub-paragraph (4)(c)—

(a) began in the 3 months prior to the coming into force of the Coronavirus Regulations, that longer period is extended so that it ends on the day that is 6 months after the day on which the Coronavirus Regulations came into force; and

(b) ended in the 6 months prior to the coming into force of the Coronavirus Regulations, that longer period is treated as having not ended and is extended so that it ends on the day that is 6 months after the day on which the Coronavirus Regulations came into force.

(7) In this paragraph, “the Coronavirus Regulations” means the National Health Service (Coronavirus) (Charges and Further Amendments Relating to the Provision of Primary Care Services During a Pandemic etc.) Regulations 2020.

Section 5 Amendment of the Primary Ophthalmic Services Regulations 2008

(1) The Primary Ophthalmic Services Regulations 2008 are amended as follows.

(2) After regulation 6 (applications and signatures by children and persons incapable) insert—

Applications and signatures during a pandemic etc.

(6A)

(1) Where, by virtue of these Regulations, a person is required to complete or sign any or any part of a form, sign any declaration or provide any evidence, but as a consequence of a disease being, or in anticipation of a disease being imminently—

(a) pandemic; and

(b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

(2) Modifications under paragraph (1) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to complete or sign any or any part of a form, sign any declaration or provide any evidence.

(3) An announcement under paragraph (1) may be withdrawn or amended at any time.

Section 6 Amendment of the General Ophthalmic Services Contracts Regulations 2008

(1) The General Ophthalmic Services Contracts Regulations 2008 are amended as follows.

(2) In regulation 13 (testing of sight), after paragraph (6) insert—

(7) Where, by virtue of this regulation, a person is required to complete or sign any or any part of a sight test form or prescription form, but as a consequence of a disease being, or in anticipation of a disease being imminently—

(a) pandemic; and

(b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

(8) Modifications under paragraph (7) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to complete or sign any or any part of a form.

(9) An announcement under paragraph (7) may be withdrawn or amended at any time.

Section 7 Amendment of the National Health Service (Dental Charges) Regulations 2005

(1) The National Health Service (Dental Charges) Regulations 2005 are amended as follows.

(2) After regulation 8 (making and recovery of charges) insert—

Applications and signatures during a pandemic etc.

(8A)

(1) Where, under these Regulations, a person is required to complete any or any part of a form, make any declaration or provide any evidence, but as a consequence of a disease being, or in anticipation of a disease being imminently—

(a) pandemic; and

(b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

(2) Modifications under paragraph (1) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to complete any or any part of a form, sign any declaration or provide any evidence.

(3) An announcement under paragraph (1) may be withdrawn or amended at any time.

Section 8 Amendment of the National Health Service (Personal Dental Services Agreements) Regulations 2005

(1) The National Health Service (Personal Dental Services Agreements) Regulations 2005 are amended as follows.

(2) In Schedule 3 (other contractual terms), in paragraph 8 (treatment plans), after sub-paragraph (7) insert—

(8) Where, by virtue of this paragraph, a person is required to include anything in a treatment plan or a summary, or to ensure a patient signs a treatment plan, but as a consequence of a disease being, or in anticipation of a disease being imminently—

(a) pandemic; and

(b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

(9) Modifications under sub-paragraph (8) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to include anything in a treatment plan or a summary or to ensure a patient signs a treatment plan.

(10) An announcement under sub-paragraph (8) may be withdrawn or amended at any time.

Section 9 Amendment of the National Health Service (General Dental Services Contracts) Regulations 2005

(1) The National Health Service (General Dental Services Contracts) Regulations 2005 are amended as follows.

(2) In Schedule 3 (other contractual terms), in paragraph 7 (treatment plans), after sub-paragraph (7) insert—

(8) Where, by virtue of this paragraph, a person is required to include anything in a treatment plan or a summary, or to ensure a patient signs a treatment plan, but as a consequence of a disease being, or in anticipation of a disease being imminently—

(a) pandemic; and

(b) a serious risk or potentially a serious risk to human health,

the Secretary of State has made an announcement to the effect that, in order to assist in the management of the serious risk or potentially serious risk to human health, for the period specified in the announcement, that requirement is to be waived or modified in the manner specified in the announcement, that requirement is waived or is as modified in the specified manner for the specified period.

(9) Modifications under sub-paragraph (8) may include modifications imposing requirements on a person other than the person who, but for the announcement, would be required to include anything in a treatment plan or a summary or to ensure a patient signs a treatment plan.

(10) An announcement under sub-paragraph (8) may be withdrawn or amended at any time.