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3.—(1) The modifications made by regulation 4 do not apply to a case if—
(a)it is a case in which either of the following events occurred before exit day—
(i)the cost of eligible services was incurred, or
(ii)authorisation under section 75C of the NHS Act was applied for, and
(b)section 75BA of the NHS Act does not apply to the case.
(2) In this regulation—
“eligible services” has the meaning given by section 75B(2) of the NHS Act (despite its repeal),
“the NHS Act” means the National Health Service (Scotland) Act 1978(1).
1978 c.29. Amendments to the National Health Service (Scotland) Act 1978 relevant for the purposes of these Regulations are made by S.S.I. 2010/283, S.S.I. 2013/177 and S.S.I. 2013/292.
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