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Statutory Instruments

2009 No. 1166

National Health Service, England

The National Health Service (Charges) (Amendments Relating to Pandemic Influenza) Regulations 2009

Made

6th May 2009

Laid before Parliament

7th May 2009

Coming into force

8th May 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 172(1), 175 and 272(7) of the National Health Service Act 2006( 1 ).

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). .

Signed by authority of the Secretary of State for Health.

Dawn Primarolo

Minister of State,

Department of Health

6th May 2009

( 1 )

2006 c.41 . By virtue of section 271 of the Act, the powers conferred by sections 172, 175 and 272(7) are exercisable by the Secretary of State only in relation to England. See section 275(1) of the Act for the definitions of “prescribed” and “regulations”.

( 2 )

S.I. 2000/620 ; relevant amending instruments are S.I. 2002/2352 , 2004/696 , 2007/1975 and 2009/411 .

( 3 )

1997/1830 ; relevant amending instrument is S.I. 2009/1165 .

( 4 )

S.I. 1980/1924 ; relevant amending instrument is S.I. 2009/1165 .

( 5 )

S.I. 1989/306 ; Part IV of Schedule 1 was inserted by S.I. 2004/614 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The National Health Service (Charges) (Amendments Relating to Pandemic Influenza) Regulations 2009 (2009/1166)

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