Citation, commencement and application

1. —(1) These Regulations may be cited as the National Health Service (Charges) (Amendments Relating to Pandemic Influenza) Regulations 2009 and shall come into force on 8th May 2009.

(2) These Regulations apply in relation to England.

Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000

2. —(1)The National Health Service (Charges for Drugs and Appliances) Regulations 2000( 2 ) are amended as follows.

(2) In regulation 5 (supply of drugs and appliances by Health Authorities, NHS trusts and Primary Care Trusts)—

(a) in paragraph (1), after “(3A)” insert “, (3B)”; and

(b) after paragraph (3A) insert the following paragraph—

“ (3B) No charge shall be made and recovered under this regulation in respect of a supply which is—

(a) made—

(i) while a disease is, or

(ii) in anticipation of a disease being imminently,

pandemic and a serious risk, or potentially a serious risk, to human health; and

(b) in accordance with a protocol relating to that disease as provided for in article 12F of the Prescription Only Medicines (Human Use) Order 1997 ( 3 ) or article 8 of the Medicines (Pharmacy and General Sale—Exemption) Order 1980 ( 4 ) . ” .

Amendment of the National Health Service (Charges to Overseas Visitors) Regulations 1989

3. In Schedule 1 to the National Health Service (Charges to Overseas Visitors) Regulations 1989( 5 ), in Part IV (other diseases), after “Severe Acute Respiratory Syndrome” insert the following entry—

“ Pandemic influenza (influenza caused by a new virus subtype that has an increased and sustained transmission during a global outbreak of influenza). ” .