Revocations and transitional provisions

12.—(1) The 2007 (No. 2) Regulations are revoked.

(2) Notwithstanding the provisions of paragraph (1) and without prejudice to the provisions of section 16 of the Interpretation Act 1978(37)–

(a) the provisions of the 2001 Regulations shall continue to apply on or after 1st April 2008–

(i) in respect of any drugs or appliances supplied prior to 1st April 2007;

(ii) in respect of any claims for refunds in respect of charges paid for drugs and appliances supplied prior to 1st April 2007;

(iii) in respect of any appliance listed in Schedule 1 where the examination or first examination leading to the supply of that appliance took place prior to 1st April 2007;

(b) the provisions of the revoked 2007 Regulations shall continue to apply on or after 1st April 2008–

(i) in respect of any drugs or appliances supplied between 1st April 2007 and 30th September 2007;

(ii) in respect of any claims for refunds in respect of charges paid for drugs and appliances supplied between 1st April 2007 and 30th September 2007;

(iii) in respect of any appliance listed in Schedule 1 where the examination or first examination leading to the supply of that appliance took place between 1st April 2007 and 30th September 2007;

(c) the provisions of the revoked 2007 (No. 2) Regulations shall continue to apply on or after 1st April 2008–

(i) in respect of any drugs or appliances supplied between 1st October 2007 and 31st March 2008;

(ii) in respect of any claims for refunds in respect of charges paid for drugs and appliances supplied between 1st October 2007 and 31st March 2008;

(iii) in respect of any appliance listed in Schedule 1 where the examination or first examination leading to the supply of that appliance took place between 1st October 2007 and 31st March 2008;

(d) Any–

(i) exemption certificate issued by or on behalf of a Health Board under regulation 7 of the 2001 Regulations, regulation 7 of the revoked 2007 Regulations or regulation 7 of the revoked 2007 (No. 2) Regulations; and

(ii) pre-payment certificate issued by or on behalf of a Health Board under regulation 8 of the revoked 2007 Regulations or the revoked 2007 (No. 2) Regulations,

shall be valid for the purposes of these Regulations, as if such certificates had been issued under regulation 7 or regulation 8 respectively of these Regulations.

Consequential amendments

13.  The provisions listed in Schedule 3 are amended as specified in that Schedule.

Regulation 6

SCHEDULE 1 CHARGES FOR FABRIC SUPPORTS AND WIGS

Regulation 7(1)(i)

SCHEDULE 2 SCHEDULE OF DRUGS TO TREAT TUBERCULOSIS

1.  Any of the following drugs or preparations containing these drugs, used for the purpose of treating Tuberculosis:

• Capreomycin

• Cylocersine

• Ethambutol

• Isoniazid

• Pyrazinamide

• Rifabutin

• Rifampicin

• Streptomycin

2.  Any of the following drugs or preparations containing these drugs, used for the purpose of treating drug resistant Tuberculosis or associated infections:

• Amikacin

• Macrolides

• Quinolones

• Protionamide

3.  The following drug or preparation used prophylactically, when treating Tuberculosis:

• Pyridoxine

Regulation 13

SCHEDULE 3 CONSEQUENTIAL AMENDMENTS

The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995

1.—(1) The National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995(38) are amended as follows.

(2) In paragraph 3(3A) (provision of pharmaceutical services)(39) of Schedule 1–

(a) in paragraph (a) for “the National Health Service (Charges for Drugs and Appliances) (Scotland) (No. 2) Regulations 2007(40)” (“the 2007 Regulations”) substitute “the National Health Service (Charges and Drugs and Appliances) (Scotland) Regulations 2008(41) (“the 2008 Regulations”)”;

(b) in paragraph (aa) for “2007” substitute “2008”; and

(c) in paragraphs (b) and (c) for “(g) of the 2007 Regulations” substitute “(i) of the 2008 Regulations”.

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003

2.—(1) The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003(42) are amended as follows.

(2) In regulation 2 (interpretation)(43) for the definition of “the 2007 Regulations” substitute–

““the 2008 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008(44);”.

(3) In regulation 4(2)(c) (descriptions of persons entitled to full remission and payment)(45)–

(a) for “3(1)(b)” substitute “3(1)(b)(ii)”; and

(b) for “2007” substitute “2008”.

(4) In regulation 11(6)(a)(i) (repayment)(46)–

(a) for “(a) or (b)” substitute “(a), (b) or (c)”; and

(b) for “2007” substitute “2008”.

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

3.—(1) The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulation 2004(47) are amended as follows.

(2) In regulation 2 (interpretation)(48) for the definition of “the 2007 Regulations” substitute–

““the 2008 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008(49);”.

(3) In paragraph 3(f) of Schedule 1 (information, declarations, and undertakings to be included in an application for inclusion in a primary medical services performers' list)(50)–

(a) for “7 of the 2007 Regulations” substitute “7 of the 2008 Regulations”; and

(b) for “7(1)(a) to (g) of the 2007 Regulations” substitute “7(1)(a) to (i) of the 2008 Regulations”.

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

4.—(1) The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004(51) are amended as follows.

(2) In regulation 2(1) (interpretation)(52) for the definition of “the 2007 Regulations” substitute–

““the 2008 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008(53);”.

(3) In paragraph 44 (provision of dispensing services) of Schedule 5(54)–

(a) in sub paragraph (9) for “2007” substitute “2008”; and

(b) in sub paragraphs (10) and (11) for “7(1)(a) to (g) of the 2007 Regulations” substitute “7(1)(a) to (i) of the 2008 Regulations”.

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

5.—(1) The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004(55) are amended as follows.

(2) In regulation 2(1) (interpretation)(56) for the definition of “the 2007 Regulations” substitute–

““the 2008 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2008(57);”.

(3) In paragraph 15 (provision of dispensing services)(58) of Schedule 1–

(a) in sub paragraph (9) for “2007” substitute “2008”; and

(b) in sub paragraphs (10) and (11) for “7(1)(a) to (g) of the 2007 Regulations” substitute “7(1)(a) to (i) of the 2008 Regulations”.