The National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment) (No.2) Regulations 2006

• Citation: S.I. 2006/1792 (W.)
• Sections: 5

Section 1 Title, commencement, application and interpretation

(1) The title of these Regulations is the National Health Service (Charges for Drugs and Appliances) (Wales) (Amendment) (No.2) Regulations 2006 and they come into force on 1 August 2006.

(2) These Regulations apply in relation to Wales.

(3) In these Regulations “the principal Regulations” (“ y prif Reoliadau ”) means the National Health Service (Charges for Drugs and Appliances) (Wales) (Regulations) 2001 .

Section 2 Amendment of regulation 2 of the principal Regulations

In regulation 2 of the principal Regulations (interpretation)—

(a) in the appropriate place in the alphabetical order insert—

“entitlement card” (“ cerdyn hawl ”) has the meaning assigned to it by regulation 9A(1);

(b) in the appropriate place in the alphabetical order insert—

“Primary Care Trust” (“ Ymddiriedolaeth Gofal Sylfaenol ”) means a Primary Care Trust established under section 16A of the Act ;

(c) in the appropriate place in the alphabetical order insert—

“qualifying patient” (“ claf cymwys ”) has the meaning assigned to it by regulation 9A(3);

Section 3 Amendment of regulation 3 of the principal Regulations

(1) Regulation 3 of the principal Regulations is amended as follows.

(2) For sub-paragraph (1)(b) substitute the following sub-paragraph—

(b) where the patient presents an equivalent prescription form—

(i) in cases where the patient is a qualifying patient who also presents a valid entitlement card—

(aa) in respect of an item of elastic hosiery a charge of £3.00, that is to say a charge of £6.00 per pair,

(bb) in respect of the supply of each other appliance and of each quantity of a drug, a charge of £3.00;

(ii) in all other cases—

(aa) in respect of an item of elastic hosiery the charge that is specified in regulation 3(1)(a) of the Charges Regulations 2000,

(bb) in respect of the supply of each other appliance and each quantity of a drug, the charge that is specified in regulation 3(1)(b) of the Charges Regulations 2000.

(3) For sub-paragraph (3)(b) substitute the following sub-paragraph—

(b) in respect of each equivalent batch issue—

(i) where the patient is a qualifying patient who also presents a valid entitlement card—

(aa) in respect of an item of elastic hosiery a charge of £3.00, that is to say a charge of £6.00 per pair,

(bb) in respect of the supply of each other appliance and of each quantity of a drug, a charge of £3.00;

(ii) in all other cases—

(aa) in respect of an item of elastic hosiery, the charge specified in regulation 3(1A)(b)(i) of the Charges Regulations 2000,

(bb) in respect of the supply of each other appliance and of each quantity of a drug, the charge that is specified in regulation 3(1A)(b)(ii) of the Charges Regulations 2000.

(4) For sub-paragraph (5)(b) substitute the following sub-paragraph—

(b) where a drug ordered on a single equivalent prescription is supplied by instalments—

(i) where the patient is a qualifying patient who also presents a valid entitlement card, the charge of £3.00 payable for that drug must be paid upon the supply of the first instalment,

(ii) in all other cases, the charge specified in regulation 3(4) of the Charges Regulations 2000 must be paid upon the supply of the first instalment.

Section 4 Amendment of regulation 8 of the principal Regulations

For sub-paragraph (1)(c) of regulation 8 substitute the following sub-paragraph—

(c) a person who is under 25 years of age and who—

(i) presents a Welsh prescription form, or

(ii) presents a batch issue relating to a Welsh repeatable prescription, or

(iii) is a qualifying patient who presents an equivalent prescription form and a valid entitlement card, or

(iv) is a qualifying patient who presents an equivalent batch issue relating to an equivalent repeatable prescription and a valid entitlement card;

Section 5 Insertion of regulation 9A into the principal Regulations

After regulation 9 insert the following regulation—

Entitlement cards

(9A)

(1) A Local Health Board, on being satisfied that a person is a qualifying patient, will issue to that person a card (in these Regulations referred to as an “entitlement card”) which will be valid for such period as the Local Health Board may determine.

(2) An entitlement card which is issued confers on the qualifying patient to whom it is granted—

(a) an entitlement to pay the charges in respect of the supply of drugs and appliances at the rate specified in paragraphs (1)(b)(i), (3)(b)(i) and (5)(b)(i) of regulation 3; and

(b) for those qualifying patients who are under 25 years of age, an entitlement to claim the exemption from charge specified in paragraphs (1)(c)(iii) and (iv) of regulation 8

(3) For the purposes of these Regulations “a qualifying patient” means a person who—

(a) is resident in Wales; and

(b) receives primary medical services under Part 1 of the Act from a provider who is contracted to provide such services with a Primary Care Trust; and

includes a person acting on behalf of such a person.