LegalizeThe National Health Service (Charges for Drugs and Appliances) Regulations 2015
- (1) Where the issuing amount in respect of a pre-payment certificate has been paid and, not more than one month after the date when the pre-payment certificate became valid, the relevant person—
- (a) dies; or
- (b) becomes resident in a hospital and thereafter dies while resident in hospital before the expiry of the pre-payment certificate,
an application for repayment of the entirety of the issuing amount which has already been paid may be made on behalf of that person's estate in accordance with paragraph (6) and (7).
- (2) Where the issuing amount in respect of a pre-payment certificate valid for 12 months has been paid and during the period beginning on the date when the pre-payment certificate became valid and ending on the date of its expiry, the relevant person becomes—
- (a) entitled to exemption by virtue of regulation 10(1)(b) to (h);
- (b) entitled to remission by virtue of regulation 5 of the Travel Expenses and Remission of Charges Regulations (entitlement to full remission and payment); or
- (c) resident in hospital and thereafter remains in hospital until the expiry of the pre-payment certificate,
an application for a refund may be made, by or on behalf of that person or that person's estate, in accordance with paragraph (6) and (7), and is to be calculated in accordance with paragraph (4), in respect of each complete month following the date on which one of the events listed in sub-paragraph (a) to (c) occurred.
- (3) Where the issuing amount in respect of a pre-payment certificate has been paid and during the period beginning one month after the date when the pre-payment certificate became valid and ending with the date of its expiry, the relevant person—
- (a) dies; or
- (b) becomes resident in hospital and thereafter dies while resident in hospital before the expiry of the pre-payment certificate,
an application for a refund may be made on behalf of that person's estate in accordance with paragraph (6) and (7), and is to be calculated in accordance with paragraph (4), in respect of each complete month following the date when the person died or became resident in hospital.
- (3A) Where the issuing amount in respect of a pre-payment certificate has been paid and, not more than one month after the date when the pre-payment certificate became valid, the relevant person becomes entitled to exemption by virtue of regulation 10(1)(d) to 10(1)(f), the Secretary of State must—
- (a) cancel the pre-payment certificate; and
- (b) refund to the relevant person the entirety of the issuing amount (without an application for a refund needing to be made).
- (3B) Where the issuing amount in respect of a pre-payment certificate has been paid, and during the period beginning one month after the date when the pre-payment certificate became valid and ending with the date of its expiry, the relevant person becomes entitled to exemption by virtue of regulation 10(1)(d) to 10(1)(f), the Secretary of State must—
- (a) cancel the pre-payment certificate; and
- (b) refund to the relevant person an amount that is to be calculated in accordance with paragraph (4) in respect of each complete month following the date on which the relevant person became entitled to an exemption (without an application for a refund needing to be made).
- (4) The refund referred to in paragraph (2), (3) and (3B) is to be calculated as follows—
- (a) in the case of a pre-payment certificate valid for 3 months, one third of £32.05 for each complete month during which the pre-payment certificate is or was valid following the relevant date;
- (b) in the case of a pre-payment certificate valid for 12 months where a person has paid for the pre-payment certificate by means of a single payment, one twelfth of £114.50 for each complete month during which the pre-payment certificate is or was valid following the relevant date; or
- (c) in the case of a pre-payment certificate valid for 12 months where a person is or was paying for the pre-payment certificate in ten monthly instalments by means of direct debit either—
- (i) where the sum payable for the pre-payment certificate has been paid in full, one twelfth of £114.50 for each complete month during which the pre-payment certificate is or was valid following the relevant date, or
- (ii) where the sum payable for the pre-payment certificate has not been paid in full, the amount paid for the pre-payment certificate at the point of refund, minus £104.00, plus one twelfth of £114.50 for each complete month during which the pre-payment certificate is or was valid following the relevant date,
and for the purposes of these calculations, a “complete month” is a month beginning on the monthly anniversary of the date on which the pre-payment certificate became valid and ending on the date immediately preceding that date in the following month, “the relevant date” is the date on which one of the events listed in paragraph (2), (3) or (3B) occurred, and if a calculation produces a minus figure for the refund, no refund is payable.
- (5) Where the issuing amount in respect of a pre-payment certificate valid for 3 months has been paid and not more than one month after the date on which the pre-payment certificate became valid, the relevant person becomes—
- (a) entitled to exemption by virtue of regulation 10(1)(b) to (h);
- (b) entitled to remission by virtue of regulation 5 of the Travel Expenses and Remission of Charges Regulations; or
- (c) resident in a hospital and remains there until expiry of the pre-payment certificate,
an application for a refund of two thirds of £32.05 may be made by or on behalf of that person in accordance with paragraph (6) and (7).
- (6) An application for a refund under this regulation is to be made to the Secretary of State and must be accompanied by ... a declaration in support of the claim.
- (7) An application for a refund under this regulation is to be made—
- (a) where the relevant person dies or becomes resident in hospital and thereafter dies, within 24 months of the date of that death;
- (b) where the relevant person becomes—
- (i) entitled to exemption by virtue of regulation 10(1)(b) to (h), or
- (ii) entitled to remission by virtue of regulation 5 of the Travel Expenses and Remission of Charges Regulations,
within 3 months of the date on which the event specified in paragraph (i) or (ii) occurred; or
- (c) where the relevant person becomes resident in hospital and remains there until the expiry of the pre-payment certificate, within 3 months of the date of expiry.
- (8) Any repayment is to be made in such manner and subject to such conditions as the Secretary of State may determine.
- (9) Where the calculation of an amount under this regulation produces a sum which is not a whole number, the amount must be rounded up to the nearest penny.
- (10) In this regulation, “the relevant person” means the person in respect of whom an issuing amount was paid.
- (11) This regulation does not apply to a HRT only PPC.
Repayment of charges
18
- (1) Where a charge has been paid under these Regulations by or on behalf of a person who was at the time of payment exempt from the requirement to pay that charge, an application for repayment may be made in accordance with paragraph (2) by or on behalf of that person.
- (2) An application for repayment must be—
- (a) made to the person or body specified in the receipt which is given under regulation 3(9), 4(6), 5(6), 6(7), 7(6), 8(6) or 9(9) as being the person or body to whom application for repayment of charges may be made;
- (b) made in such form and manner as the Secretary of State may determine for the applicant, any class of applicant or applicants generally;
- (c) made within 3 months from the date on which the drug or appliance was supplied to the applicant or within such longer period as the Secretary of State may allow; and
- (d) accompanied by the receipt which is given pursuant to regulation 3(9), 4(6), 5(6), 6(7), 7(6), 8(6) or 9(9) for the charge paid and a declaration as to the grounds of exemption.
- (3) In the case of a charge under regulation 6 or 9 in respect of an item specified in column (1) of Schedule 1, the application must be accompanied by the exemption certificate referred to in regulation 10(1)(h) and, if the patient was referred by a doctor to the NHS trust, NHS foundation trust or other provider of NHS services for treatment—
- (a) a certificate from the doctor certifying that the treatment was for an accepted disablement; or
- (b) a statement that such a certificate was surrendered to the NHS trust, NHS foundation trust or other provider of NHS services before the supply of the item.
- (4) The Secretary of State must make arrangements for the repayment of any charge paid under these Regulations by a person who is entitled to exemption.
Transitional provision
19
Where, on or after 1st April 2015, an item specified in column (1) of the table in Schedule 1 is supplied pursuant to an order made before that date, the National Health Service (Charges for Drugs and Appliances) Regulations 2000 are to have effect in relation to the supply of that appliance as if these Regulations had not come into force (and so those Regulations had not been revoked).
Consequential amendments
20
The amendments set out in Schedule 2 have effect.
Revocations
21
The Regulations and Orders specified in column (1) of Schedule 3 are hereby revoked in relation to England to the extent specified in column (3) of that Schedule.
SCHEDULE 1 — Charges for fabric supports and wigs
| (1) Specified item | (2) Specified charge |
|---|---|
| Surgical brassiere | £32.50 |
| Abdominal or spinal support | £49.05 |
| Stock modacrylic wig | £80.15 |
| Partial human hair wig | £212.35 |
| Full bespoke human hair wig | £310.55 |
SCHEDULE 2 — Consequential amendments
Amendments to the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003
1
- (1) The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 are amended as follows.
- (2) In regulation 2 (interpretation), for the definition of “the Charges Regulations” substitute the following definition—
“the Charges Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2015;
- (3) In regulation 5(2)(e) (entitlement to full remission and payment), for “regulation 3(1)(b)” substitute “ regulation 3(1)(b) or (c) ”.
- (4) In regulation 12(1)(a)(ia) (repayments), for “regulation 6B” substitute “ regulation 9 ”.
Amendment to the National Health Service (General Medical Services Contracts) Regulations 2004
2
In regulation 2(1) of the National Health Service (General Medical Services Contracts) Regulations 2004 (interpretation), for the definition of “listed medicines” substitute the following definition—
“listed medicines” means the drugs mentioned in regulation 13(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015;
Amendment to the National Health Service (Personal Medical Services Agreements) Regulations 2004
3
In regulation 2(1) of the National Health Service (Personal Medical Services Agreements) Regulations 2004 (interpretation), for the definition of “listed medicines” substitute the following definition—
“listed medicines” means the drugs mentioned in regulation 13(1) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015;
Amendment to the Primary Ophthalmic Services Regulations 2008
4
In regulation 3(2)(c) of the Primary Ophthalmic Services Regulations 2008 (sight tests –eligibility), for “National Health Service (Charges for Drugs and Appliances) Regulations 2000” substitute “ National Health Service (Charges for Drugs and Appliances) Regulations 2015 ”.
Amendments to the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013
5
- (1) The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 are amended as follows.
- (2) In regulation 2 (interpretation), for the definition of “Charges Regulations” substitute the following definition—
“Charges Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2015;
- (3) In regulation 96(2)(a) (refunds of prescription charges), for “regulation 10(2)(b)” substitute “ regulation 18(2)(b) ”.
- (4) In Schedule 4 (terms of service of NHS pharmacists), in paragraph 7 (preliminary matters before providing ordered drugs or appliances)—
- (a) in sub-paragraph (3), for “or (1A)” substitute “ or (2) ”; and
- (b) for “regulation 7(1)”, at each place where it occurs, substitute “ regulation 10(1) ”.
- (5) In Schedule 5 (terms of service of NHS appliance contractors), in paragraph 6 (preliminary matters before providing appliances)—
- (a) in sub-paragraph (3), for “or (1A)” substitute “ or (2) ”; and
- (b) for “regulation 7(1)”, at each place where it occurs, substitute “ regulation 10(1) ”.
- (6) In Schedule 6 (terms of service of dispensing doctors), in paragraph 4 (preliminary matters before providing ordered drugs or appliances)—
- (a) in sub-paragraph (a), for “regulation 7(1)” substitute “ regulation 10(1) ”, and for “regulation 7” substitute “ regulation 10 ”; and
- (b) in sub-paragraph (c)(i)(aa), for “regulation 7(1)” substitute “ regulation 10(1) ”.
- (7) In Schedule 7 (mandatory terms for LPS schemes)—
- (a) in paragraph 5 (preliminary matters before providing ordered drugs or appliances)—
- (i) in sub-paragraph (3), for “or (1A)” substitute “ or (2) ”, and
- (ii) for “regulation 7(1)”, at each place where it occurs, substitute “ regulation 10(1) ”; and
- (b) in paragraph 18(2)(a) (refunds of prescription charges), for “regulation 10(2)(b)” substitute “ regulation 18(2)(b) ”.
Amendment to the National Health Service (Optical Charges and Payments) Regulations 2013
6
In regulation 8(3)(b) of the National Health Service (Optical Charges and Payments) Regulations 2013 (eligibility for a voucher – supply of optical appliances), for “the National Health Service (Charges for Drugs and Appliances) Regulations 2000” substitute “ the National Health Service (Charges for Drugs and Appliances) Regulations 2015 ”.
Amendment to the Social Security (Information-sharing) (NHS Payments and Remission of Charges etc.) (England) Regulations 2015
7
In regulation 2 of the Social Security (Information-sharing) (NHS Payments and Remission of Charges etc.) (England) Regulations 2015 (interpretation), for the definition of “the CDA Regulations” substitute the following definition—
“the CDA Regulations” means the National Health Service (Charges for Drugs and Appliances) Regulations 2015;
Amendment to the Delegation of Additional Functions to the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2015
8
In regulation 2 of the Delegation of Additional Functions to the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) Regulations 2015 (functions of the National Health Service Commissioning Board to be exercised by the NHS Business Services Authority), for “regulation 7(7)(a) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000” substitute “ regulation 10(9)(a) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015 ”.
SCHEDULE 3 — Revocations
| (1) Instruments revoked | (2) Reference | (3) Extent of revocation |
|---|---|---|
| National Health Service (Charges for Drugs and Appliances) Regulations 2000 | S.I. 2000/620 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2000 | S.I. 2000/2393 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) Amendment (No. 2) Regulations 2000 | S.I. 2000/3189 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2001 | S.I. 2001/746 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) (Electronic Communications) Order 2001 | S.I. 2001/2887 | The whole Order |
| National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 | S.I. 2002/548 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) Amendment (No. 3) Regulations 2002 | S.I. 2002/2352 | The whole Regulations |
| National Health Service (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) (England) Regulations 2003 | S.I. 2003/699 | The whole Regulations |
| National Health Service (Pharmaceutical Services) (General Medical Services) and (Charges for Drugs and Appliances) Amendment Regulations 2003 | S.I. 2003/1084 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2004 | S.I. 2004/663 | Regulations 2, 3 and 4 |
| Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 | S.I. 2004/696 | In Schedules 2, 3 and 4, the references to the National Health Service (Charges for Drugs and Appliances) Regulations 2000 |
| General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 | S.I. 2004/865 | Schedule 1, paragraph 26 |
| Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 | S.I. 2004/1771 | Paragraph 34 of Part 2 of the Schedule |
| National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2005 | S.I. 2005/578 | Regulations 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 |
| General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 | S.I. 2006/562 | Schedule 1, paragraph 9 |
| National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2006 | S.I. 2006/675 | Regulations 2, 3 and 4 |
| National Health Service (Miscellaneous Amendments Relating to Independent Prescribing) Regulations 2006 | S.I. 2006/913 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) Amendment (No. 2) Regulations 2007 | S.I. 2007/1510 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2007 | S.I. 2007/1975 | Regulations 2 and 3 |
| National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2008 | S.I. 2008/571 | Regulations 3, 4, 5, 6, 7, and 8 |
| National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment (No. 2) Regulations 2008 | S.I. 2008/1697 | Regulation 2 |
| Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 | S.I. 2008/1700 | Schedule 1, paragraph 7 |
| National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2008 | S.I. 2008/2593 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2009 | S.I. 2009/29 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2009 | S.I. 2009/411 | Regulations 2 and 3 |
| National Health Service (Charges) (Amendments Relating to Pandemic Influenza) Regulations 2009 | S.I. 2009/1166 | The whole Regulations |
| National Health Service (Prescribing and Charging Amendments Relating to Pandemic Influenza) Regulations 2009 | S.I. 2009/2230 | Regulation 2 |
| National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2010 | S.I. 2010/1727 | Regulation 2 |
| National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2011 | S.I. 2011/518 | The whole Regulations |
| National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2012 | S.I. 2012/470 | The whole Regulations |
| Health and Social Care Act 2012 (Consequential Provision-Social Workers) Order 2012 | S.I. 2012/1479 | Paragraph 18 of the Schedule |
| Human Medicines Regulations 2012 | S.I. 2012/1916 | Schedule 34, paragraph 73(a) |
| National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 | S.I. 2013/349 | Schedule 10, paragraph 1 |
| National Health Service (Charges for Drugs and Appliances) (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 | S.I. 2013/475 | Regulations 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 |
| National Health Service (Charges, Payments and Remission of Charges) (Uprating, Miscellaneous Amendments and Transitional Provision) Regulations 2014 | S.I. 2014/545 | Regulations 2 and 3 |
Signed
Signed by authority of the Secretary of State for Health.
Earl Howe — Parliamentary Under-Secretary of State, — 2015-03-04
Explanatory note
(This note is not part of the Regulations)
Footnotes
2006 c. 41. See section 275(1) of the National Health Service Act 2006 (“the 2006 Act”) which contains definitions of “prescribed” and “regulations” that are relevant to the powers being exercised. By virtue of section 271(1) of the 2006 Act, the functions of the Secretary of State being exercised in the making of these Regulations are exercisable only in relation to England.
1978 c. 29. Section 2 has been amended by: the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1; the National Health Service and Community Care Act 1990 (c. 19), section 28, Schedule 9, paragraph 19(1), and Schedule 10; the National Health Service Reform (Scotland) Act 2004 (asp 7), Schedule 1, paragraph 1(2); the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), Schedule 2, paragraph 2(2); and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 2(1).
Subsection (2) was substituted by the Health and Social Care Act 2012 (c. 7), Schedule 4, paragraph 30.
Section 126 has been amended by the Health and Social Care Act 2012, sections 213(7)(k) and 220(7), and Schedule 4, paragraph 63. See section 126(9), which provides a definition of “listed” that includes the power for the Secretary of State to approve lists for the purposes of section 126.
Schedule 12A was inserted by the Health and Social Care Act 2012 (c. 7), Schedule 3.
S.I. 2002/254; article 5 has been amended by S.I. 2009/1182. This Order was so renamed by the Health and Social Care Act 2012, section 213(4) and (6).
1983 c. 20. Section 17A(1) was inserted by the Mental Health Act 2007 (c. 12), section 32(1) and (2).
Section 127 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 65.
Section 132 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 69, the Protection of Freedoms Act 2012 (c. 9), Schedule 9, paragraphs 120 and 122, and by S.I. 2007/289 and 2010/22 and 231.
The definition of “electronic communication” has been amended by the Communications Act 2003 (c. 21), Schedule 17, paragraph 158.
S.I. 2002/253. Article 5 was amended by S.I. 2009/1182.
Section 1 has been amended by the Mental Health Act 2007 (c. 12), sections 1, 2 and 3, and Schedule 11, Part 1.
1989 c. 44. Section 7 has been amended by S.I. 2005/484.
S.I. 2013/349; amended by S.I. 2014/417 and 2015/58.
Section 92 has been amended by the Health and Social Care Act 2012 (c. 7), Schedule 4, paragraph 36.
S.I. 2004/627. The definition of “contractor” in regulation 2(1) of those Regulations was substituted by S.I. 2013/363.
Section 2B was inserted by the Health and Social Care Act 2012 (c. 7), section 12.
Section 111 has been amended by the Health and Social Care Act 2012, section 29.
Relevant amendments have been made to Schedule 1 by the Health and Social Care Act 2012, sections 17 and 143(1), and Schedule 14, paragraph 6, and by S.I. 2010/1158.
Section 6C was inserted by the Health and Social Care Act 2012, section 18(1).
Section 1H was inserted by the Health and Social Care Act 2012, section 9(1).
The National Health Service Commissioning Board is established by section 1H of the National Health Service Act 2006. Section 1H is inserted by section 9 of the Health and Social Care Act 2012 (c. 7).
Subsection (2) was substituted by the Health and Social Care Act 2012 (c. 7), Schedule 4, paragraph 30.
Subsection (1) has been amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
S.I. 2012/1916. See regulations 229 to 235 of those Regulations, which provide for the exemptions relating to Patient Group Directions from the general restrictions on the sale and supply of prescription only and pharmacy medicines.
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
1953 c. 20. See in particular section 11 of that Act.
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Regulation 6 has been amended by S.I. 2006/562 and 675.
2000 c. 6. Section 100 has been amended by: the Criminal Justice and Court Services Act 2000 (c. 6), Schedule 7, paragraphs 160 and 184; the Criminal Justice Act 2003 (c. 44), Schedule 32, paragraphs 90 and 111, and Schedule 37, Part 7; and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), Schedule 21, paragraphs 7 and 13, and Schedule 26, paragraphs 9 and 11.
S.I. 2012/2996. Regulation 10 has been amended by S.I. 2013/261 and 2014/452.
2002 c. 41. Section 62 has been amended by the Prevention of Terrorism Act 2005 (c. 2), section 16(2)(c), and the Immigration Act 2014 (c. 22), Schedule 9, paragraphs 3 and 13.
S.I. 2012/2996. Regulation 10 has been amended by S.I. 2013/261 and 2014/452.
1999 c. 33. Section 147 has been amended by section 66 of the Nationality, Immigration and Asylum Act 2002 (c. 41).
S.I. 2012/1916. Regulation 247 has been amended by S.I. 2013/235.
“NHS body” is defined in section 275(1) of the National Health Service Act 2006 (c. 41).
1953 c. 20. See in particular section 11 of that Act.
S.I. 2000/620. The relevant amendments to this instrument are listed in Schedule 3 as a consequence of being revoked by these Regulations.
S.I. 2003/2382. Relevant amendments have been made by S.I. 2004/663, 696 and 936, 2005/578, 2006/562, 2008/571 and 1697 and 2013/475.
S.I. 2004/291. The original definition of “listed medicines” was inserted by S.I. 2009/2230.
S.I. 2004/627. The original definition of “listed medicines” was inserted by S.I. 2009/2230.
S.I. 2008/1186. Relevant amendments have been made by S.I. 2008/2449, 2009/409, 2013/365 and 2014/418 and 2667.
S.I. 2013/349; amended by S.I. 2014/417 and 2015/58.
S.I. 2013/461. Regulation 8 has been amended by S.I. 2014/2667.
Editorial notes
2006 c. 41. See section 275(1) of the National Health Service Act 2006 (“the 2006 Act”) which contains definitions of “prescribed” and “regulations” that are relevant to the powers being exercised. By virtue of section 271(1) of the 2006 Act, the functions of the Secretary of State being exercised in the making of these Regulations are exercisable only in relation to England.
1978 c. 29. Section 2 has been amended by: the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1; the National Health Service and Community Care Act 1990 (c. 19), section 28, Schedule 9, paragraph 19(1), and Schedule 10; the National Health Service Reform (Scotland) Act 2004 (asp 7), Schedule 1, paragraph 1(2); the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), Schedule 2, paragraph 2(2); and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 2(1).
Section 126 has been amended by the Health and Social Care Act 2012, sections 213(7)(k) and 220(7), and Schedule 4, paragraph 63. See section 126(9), which provides a definition of “listed” that includes the power for the Secretary of State to approve lists for the purposes of section 126.
Schedule 12A was inserted by the Health and Social Care Act 2012 (c. 7), Schedule 3.
1983 c. 20. Section 17A(1) was inserted by the Mental Health Act 2007 (c. 12), section 32(1) and (2).
Section 127 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 65.
Section 132 has been amended by the Health and Social Care Act 2012, Schedule 4, paragraph 69, the Protection of Freedoms Act 2012 (c. 9), Schedule 9, paragraphs 120 and 122, and by S.I. 2007/289 and 2010/22 and 231.
The definition of “electronic communication” has been amended by the Communications Act 2003 (c. 21), Schedule 17, paragraph 158.
S.I. 2002/253. Article 5 was amended by S.I. 2009/1182.
Section 1 has been amended by the Mental Health Act 2007 (c. 12), sections 1, 2 and 3, and Schedule 11, Part 1.
1989 c. 44. Section 7 has been amended by S.I. 2005/484.
S.I. 2013/349; amended by S.I. 2014/417 and 2015/58.
Section 92 has been amended by the Health and Social Care Act 2012 (c. 7), Schedule 4, paragraph 36.
Section 2B was inserted by the Health and Social Care Act 2012 (c. 7), section 12.
Section 111 has been amended by the Health and Social Care Act 2012, section 29.
Relevant amendments have been made to Schedule 1 by the Health and Social Care Act 2012, sections 17 and 143(1), and Schedule 14, paragraph 6, and by S.I. 2010/1158.
Section 6C was inserted by the Health and Social Care Act 2012, section 18(1).
Section 1H was inserted by the Health and Social Care Act 2012, section 9(1).
Subsection (2) was substituted by the Health and Social Care Act 2012 (c. 7), Schedule 4, paragraph 30.
Subsection (1) has been amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
S.I. 2012/1916. See regulations 229 to 235 of those Regulations, which provide for the exemptions relating to Patient Group Directions from the general restrictions on the sale and supply of prescription only and pharmacy medicines.
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
1953 c. 20. See in particular section 11 of that Act.
Subsection (1) was amended by the Health Act 2009 (c. 21), Schedule 1, paragraphs 6 and 7(c).
Regulation 6 has been amended by S.I. 2006/562 and 675.
S.I. 2012/2996. Regulation 10 has been amended by S.I. 2013/261 and 2014/452.
2002 c. 41. Section 62 has been amended by the Prevention of Terrorism Act 2005 (c. 2), section 16(2)(c), and the Immigration Act 2014 (c. 22), Schedule 9, paragraphs 3 and 13.
S.I. 2012/2996. Regulation 10 has been amended by S.I. 2013/261 and 2014/452.
1999 c. 33. Section 147 has been amended by section 66 of the Nationality, Immigration and Asylum Act 2002 (c. 41).
S.I. 2012/1916. Regulation 247 has been amended by S.I. 2013/235.
“NHS body” is defined in section 275(1) of the National Health Service Act 2006 (c. 41).
1953 c. 20. See in particular section 11 of that Act.
S.I. 2000/620. The relevant amendments to this instrument are listed in Schedule 3 as a consequence of being revoked by these Regulations.
S.I. 2003/2382. Relevant amendments have been made by S.I. 2004/663, 696 and 936, 2005/578, 2006/562, 2008/571 and 1697 and 2013/475.
S.I. 2004/291. The original definition of “listed medicines” was inserted by S.I. 2009/2230.
S.I. 2004/627. The original definition of “listed medicines” was inserted by S.I. 2009/2230.
S.I. 2008/1186. Relevant amendments have been made by S.I. 2008/2449, 2009/409, 2013/365 and 2014/418 and 2667.
S.I. 2013/349; amended by S.I. 2014/417 and 2015/58.
S.I. 2013/461. Regulation 8 has been amended by S.I. 2014/2667.
Words in reg. 2 substituted (7.12.2015) by The National Health Service (Personal Medical Services Agreements) Regulations 2015 (S.I. 2015/1879), reg. 1(2), Sch. 3 para. 7 (with regs. 2, 88)
Sch. 1 table substituted (1.4.2016) by The National Health Service (Charges and Payments) (Uprating, Miscellaneous Amendments and Transitional Provision) Regulations 2016 (S.I. 2016/325), regs. 1(2), 4(3) (with reg. 5)
Words in reg. 2(1) substituted (22.7.2016) by The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 2016/696), reg. 1, Sch. 3 para. 14(a)
Words in reg. 2(1) inserted (22.7.2016) by The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 2016/696), reg. 1, Sch. 3 para. 14(b)
Words in reg. 2(1) inserted (22.7.2016) by The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 2016/696), reg. 1, Sch. 3 para. 14(c)
Words in reg. 2(1) substituted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 22(a)
Word in reg. 2(1) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 22(b)
Words in reg. 2(1) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 22(c)
Word in reg. 3(3) omitted (5.12.2016) by virtue of The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 26(a)(i)
Word in reg. 3(3)(a) omitted (5.12.2016) by virtue of The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 26(a)(ii)
Word in reg. 3(3)(b) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 26(a)(iii)
Reg. 3(3)(c) inserted (5.12.2016) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2016 (S.I. 2016/1077), regs. 1(1), 26(a)(iv)
Word in reg. 11(3) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 32(2)(a)
Words in reg. 11(3) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 32(2)(b)
Reg. 18A inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 15
Words in reg. 2(1) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 11(2)
Words in reg. 2(1) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 11(3)
Words in reg. 2(1) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 11(4)
Words in reg. 2(1) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 11(5)
Words in reg. 2(1) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 11(6)
Words in reg. 2(1) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 11(7)
Words in reg. 3(3)(b) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 12(2)
Words in reg. 3(4)(b) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 12(3)
Reg. 3(5)(a)(b) omitted (26.11.2018) by virtue of The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 12(4)
Reg. 3(5A)-(5F) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 12(5)
Words in reg. 4(2)(b) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 13(2)
Reg. 4(3)(a)(b) substituted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 13(3)
Reg. 4(3A)(3B) inserted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 13(4)
Words in reg. 10(4) substituted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 14(2)
Words in reg. 10(5) substituted (26.11.2018) by The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018 (S.I. 2018/1114), regs. 1(1), 14(3)
Words in reg. 2(1) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 26(2)
Words in reg. 2(1) omitted (1.4.2019) by virtue of The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 26(3)
Words in reg. 2(1) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 26(4)
Words in reg. 2(1) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 26(5)
Words in reg. 2(1) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 26(6)(a)
Words in reg. 2(1) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 26(6)(b)
Words in reg. 4(5) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 27(2)
Words in reg. 4(7) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 27(3)
Words in reg. 2(1) inserted (1.7.2019) by The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019 (S.I. 2019/990), regs. 1, 8(2)
Word in reg. 3(6) inserted (1.7.2019) by The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019 (S.I. 2019/990), regs. 1, 9(2)
Reg. 3(12) inserted (1.7.2019) by The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019 (S.I. 2019/990), regs. 1, 9(3)
Words in reg. 4(3)(d) substituted (1.7.2019) by The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019 (S.I. 2019/990), regs. 1, 10(2)
Reg. 4(9)(10) inserted (1.7.2019) by The National Health Service (Amendments Relating to Serious Shortage Protocols) Regulations 2019 (S.I. 2019/990), regs. 1, 10(3)
Words in reg. 2(1) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 2 para. 34(a); S.I. 2019/1436, reg. 2(b)
Words in reg. 2(1) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 2 para. 34(b); S.I. 2019/1436, reg. 2(b)
Words in reg. 2(1) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 2 para. 34(c); S.I. 2019/1436, reg. 2(b)
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