s 173 Exemptions from general charging
(1) No charge may be made under regulations under section 172(1) in respect of— (a) the supply of any drug, medicine or appliance for a patient who is resident in hospital, (b) the supply of any drug or medicine for the treatment of sexually transmitted disease (otherwise than in the provision of primary medical services or in accordance with a pilot scheme established under section 134(1) of this Act or an LPS scheme), (c) the supply of any appliance (otherwise than in pursuance of paragraph 8(d) of Schedule 1) for a person who is under 16 years of age or is under 19 years of age and receiving qualifying full-time education, or (d) the replacement or repair of any appliance in consequence of a defect in the appliance as supplied. (2) In subsection (1)(c) “ qualifying full-time education ” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State. (3) For the purposes of subsection (2)— (a) “ recognised educational establishment ” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university, and (b) regulations may prescribe the circumstances in which a person must, or must not, be treated as receiving full-time instruction.