The National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013

Interpretation S

2.  In these Regulations—

“the Directive” means Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare M1 ;

[F1 Directive 2001/83/EC” means Directive 2001/83/EC of the European Parliament and of the Council of 6th November 2001 on the Community Code relating to medicinal products for human use;]

“health care” means health services provided by health professionals to patients to assess, maintain or restore their state of health, and includes the prescription, dispensing and provision of medicinal products and medical devices;

“health care provider” means a person providing health care;

“health professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 M2 (the Professional Standards Authority for Health and Social Care);

“medical device” means any instrument, apparatus, appliance, material or other article, whether used alone or in combination, including the software necessary for its proper application, intended by the manufacturer to be used for human beings for the purpose of—

(a)

the diagnosis, prevention, monitoring, treatment or alleviation of disease;

(b)

the diagnosis, monitoring, treatment, alleviation or compensation for an injury or handicap;

(c)

the investigation, replacement or modification of the anatomy or of a physiological process;

(d)

the control of conception,

and which does not achieve its principal intended action in or on the human body by pharmacological, immunological or metabolic means, but which may be assisted in its function by such means;

“medicinal product” means any substance or combination of substances—

(a)

presented for treating or preventing disease in human beings; or

(b)

which may be administered to human beings with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in human beings;

[F2 “Member State” means a State that is a member of the European Union or the European Economic Area,]

“the NCP” means the national contact point designated under regulation 3;

“the NHS Act” means the National Health Service (Scotland) Act 1978 M3 ;

“prescription” means a prescription for a medicinal product or for a medical device issued by a member of a regulated health profession within the meaning of Article 3(1)(a) of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications M4 who is legally entitled to do so in the member state in which the prescription is issued;

F3 ...

F4 ...

Textual Amendments

F1 Words in reg. 2 inserted (31.3.2015) by The National Health Service (Cross-Border Health Care) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/91), regs. 1(1), 2(1)(a)

F2 Words in reg. 2 inserted (31.12.2020) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2 omitted (31.12.2020) by virtue of The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2 omitted (31.12.2020) by virtue of The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 5(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C1 Reg. 2 modified (31.12.2020) by S.I. 2002/618, reg. 4S (as inserted by The Medical Devices (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/791), regs. 1(1), 3(7) (as amended by S.I. 2020/1478, regs. 1(3), Sch. 2 para. 2); 2020 c. 1, Sch. 5 para. 1(1))

Marginal Citations

M1 OJ L 88, 4.4.2011, p.45.

M2 2002 c.17. Section 25 has been amended by the Health and Social Care Act 2008 (c.14), section 113, Schedule 10, paragraph 17 and Schedule 15, Part 2; and by S.I. 2010/231 and further amended by the Health and Social Care Act 2012 (c.7), sections 220 to 224.

M3 1978 c.29.

M4 OJ L 255, 30.9.2005, p.22.