The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2007

This Scottish Statutory Instrument has been made to amend S.S.I. 2007/225 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2007 No. 259

NATIONAL HEALTH SERVICE

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2007

Made

22nd March 2007

Laid before the Scottish Parliament

23rd March 2007

Coming into force

1st April 2007

The Scottish Ministers, in exercise of the powers conferred by sections 75A, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment (No. 2) Regulations 2007 and shall come into force on 1st April 2007.

Amendment of 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(2) are amended as follows.

(2) In regulation 2 (interpretation)(3) before the definition of “the Act” insert–

““the 2007 Regulations” means the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2007(4);”.

(3) In regulation 4(2)(c) (descriptions of persons entitled to full remission and payment)(5) for “2001” substitute “2007”.

(4) In regulation 11(6)(a)(i) (repayment)(6) for “of the 2001” substitute “(supply of drugs and appliances to out-patients) of the 2007”.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

22nd March 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (“the Regulations”) as a consequence of the consolidation of the National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations on 1st April 2007.

Regulation 2(2) amends regulation 2 of the Regulations by inserting a definition of “the 2007 Regulations”.

Regulation 2(3) and (4) amends regulations 4(2)(c) and 11(6)(a)(i) to refer to the 2007 Regulations.

(1)

1978 c. 29; Section 75A was inserted by the Social Security Act 1988 (c. 7), section 14(2), and amended by the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 13, the National Health Service (Primary Care) Act 1977 (c. 46), Schedule 2, Part I, paragraphs 32 and 51, and the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(13), and by S.I. 1998/2385; section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5, and Schedule 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24, and by the Health Act 1999 (c. 8), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2003/460; amended by S.S.I. 2004/102 and 166, 2005/3 and 179 and 2006/142, 183 and 440 and 2007/225.

(3)

Regulation 2 was amended by S.S.I. 2004/102 and 166 and 2005/3 and 179.

(4)

S.S.I. 2007/139.

(5)

Regulation 4(2)(c) was amended by S.S.I. 2004/166.

(6)

Regulation 11(6)(a)(i) was substituted by S.S.I. 2004/166.