The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 2003

Transitional provisions

13.  Where, before the date of coming into force of these Regulations–

(a) a person had claimed for the remission, in whole or in part, of any relevant charges or the payment, in whole or in part, of any relevant travelling expenses under the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(1) (“the 1988 Regulations”) and the claim has not been determined, the claim shall be determined in accordance with the provisions of the 1988 Regulations as though they and the other instruments revoked by these Regulations, remained in force;

(b) a person was entitled to but had not made such a claim under the 1988 Regulations, that person may make a claim, and the claim shall be determined in accordance with the provisions of these Regulations provided that does not cause that person any financial detriment compared to the position he would have been in had his claim been determined in accordance with the provisions of the 1988 Regulations, and if it does cause such financial detriment his claim will be determined in accordance with the provisions of the 1988 Regulations as though they and the other instruments revoked by these Regulations, remained in force; and

(c) a person has been issued with any document which gives an entitlement to such a remission under the 1988 Regulations in respect of a period or course of treatment which period or course of treatment continues after that date, the document shall continue to be effective in respect such a remission or payment for the said period or course of treatment in accordance with the provisions of the 1988 Regulations as though they and the other instruments revoked by these Regulations, remained in force.

(1)

S.I. 1988/546.