Charges for Drugs and Appliances (Amendment No. 2) Regulations (Northern Ireland) 1998

Link to law: http://www.legislation.gov.uk/nisr/1998/135/made/data.htm?wrap=true
Published: 1998-03-31

Statutory Rules of Northern Ireland
1998 No. 135

HEALTH AND PERSONAL SOCIAL SERVICES
Charges for Drugs and Appliances (Amendment No. 2) Regulations (Northern Ireland) 1998

Made
31st March 1998

Coming into operation in accordance with Regulation 1(2)
The Department of Health and Social Services in exercise of the powers conferred on it by Articles 98, and 106 of, and Schedule 15 to, the Health and Personal Social Services (Northern Ireland) Order 1972(1) and of all other powers enabling it in that behalf, with the approval of the Department of Finance and Personnel, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Charges for Drugs and Appliances (Amendment No. 2) Regulations (Northern Ireland) 1998.

(2) Regulation 9 shall come into operation forthwith and the remaining regulations shall come into operation on 1st April 1998.

(3) In these Regulations “the principal Regulations” means the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997(2).

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2(2)(a)(iii) and (2)(b)(ii) (interpretation) the words from “fundholding” to “effect” shall be deleted and the words “medical practitioner whose name is included in the medical list” substituted therefor.

Amendment of regulation 3 of the principal Regulations

3.  In regulation 3 (supply of drugs and appliances by chemists)—

(a)in paragraphs (1)(a), (b) and (3) for “£5·65” there shall be substituted “£5·80”; and

(b)in paragraph (1)(a) for “£11·30” there shall be substituted “£11·60”.

Amendment of regulation 4 of the principal Regulations

4.  In regulation 4 (supply of drugs and appliances by doctors)—

(a)in paragraphs (1)(a), (b) and (3) for “£5·65” there shall be substituted “£5·80”;

(b)in paragraph (1)(a) for “£11·30” there shall be substituted “£11·60”; and

(c)for paragraph (6) there shall be substituted the following paragraph—

“(6) Any sum which would otherwise be payable by the Agency to a doctor in respect of provision by him of pharmaceutical services shall be reduced by the amount of any charges which are required to be made and recovered by the preceding provisions of this regulation.”.

Amendment of regulation 5 of the principal Regulations

5.  In regulation 5 (supply of drugs and appliances by a Board or an HSS trust)—

(a)in paragraphs (1)(a), (d) and (3) for “£5·65” there shall be substituted “£5·80”; and

(b)in paragraphs (1)(a) and (c) for “£11·30” there shall be substituted “£11·60”.

Amendment of regulation 9 of the principal Regulations

6.  In regulation 9(5) (pre-payment certificates) for “£29·30” there shall be substituted “£30·10” and for “£80·50” there shall be substituted “£82·70”.

Amendment of Schedule 1 to the principal Regulations

7.  For Schedule 1 there shall be substituted the following Schedule—

“SCHEDULE 1Charges for Fabric Supports and Wigs

Column (1)
Column (2)

Specified Appliance
Specified Charge

Surgical Brassiere
£19·75

Abdominal or Spinal Support
£29·50

Stock Modacrylic Wig
£48·00

Partial Human Hair Wig
£126·00

Full Bespoke Human Hair Wig
£184·50”

Transitional provisions

8.  Where on or after 1st April 1998—

(a)any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or

(b)any pre-payment certificate is granted under regulation 9 of the principal Regulations pursuant to an application under that Regulation which was received before that date,

the principal Regulations shall have effect in relation to that supply or, as the case may be, that grant as if regulations 2, 3, 4, 5, 6 and 7 of these Regulations had not come into operation.

Revocation

9.  The Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 1998(3) are hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services on

L.S.
Brian Grzymek
Assistant Secretary
31st March 1998.

The Department of Finance and Personnel hereby approves the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on

L.S.
J. G. Sullivan
Assistant Secretary
31st March 1998.

Explanatory Note

(This note is not part of the Regulations.)
These Regulations revoke and replace the Charges for Drugs and Appliances (Amendment) Regulations (Northern Ireland) 1998 to correct a technical error therein.
The Regulations amend the Charges for Drugs and Appliances Regulations (Northern Ireland) 1997 (“the principal Regulations”), which provide for the making and recovery of charges for drugs and appliances supplied by doctors and chemists providing pharmaceutical services, and by hospitals and HSS trusts to out-patients.
The charge for each item on prescription is increased from £5·65 to £5·80. The sums prescribed for the grant of pre-payment certificates of exemption from prescription charges are increased from £29·30 to £30·10 for a 4 month certificate and from £80·50 to £82·70 for a 12 month certificate.
The charge for elastic stockings is increased from £5·65 to £5·80 for each item (from £11·30 to £11·60 per pair) and for tights from £11·30 to £11·60.
The charge for a partial human hair wig is increased from £123·00 to £126·00, and for a stock modacrylic wig from £47·00 to £48·00. The charge for a full bespoke human hair wig is increased from £179·50 to £184·50. The charge for an abdominal or spinal support from £29·05 to £29·50.
These Regulations also make provision for all nurses employed by medical practitioners (and not just those employed in fundholding practices) to write prescriptions (regulation 2).
The Regulations provide in addition for the reduction of the remuneration of a doctor who provides pharmaceutical services to a patient by the amount of the charge recoverable under the Regulations (regulation 4(c)).
Transitional arrangements are made in respect of pre-payment certificates and appliances ordered, before 1st April 1998 (regulation 8).


(1)
S.I. 1972/1265 (N.I. 14); the relevant amending instruments are S.I. 1986/2229 (N.I. 24) Article 14, S.I. 1988/2249 (N.I. 24) Article 7 and S.I. 1991/194 (N.I. 1) Article 34 and Part II of Schedule 5

(2)
S.R. 1997 No. 382

(3)
S.R. 1998 No. 94
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