The Healthcare Improvement Scotland (Fees) Regulations 2024

Scottish Statutory Instruments

2024 No. 130

Public Health

The Healthcare Improvement Scotland (Fees) Regulations 2024

Made

24th April 2024

Laid before the Scottish Parliament

26th April 2024

Coming into force

19th June 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10Z5 of the National Health Service (Scotland) Act 1978(1) and all other powers enabling them to do so.

In accordance with section 10Z5(1) of that Act they have consulted with such persons, or groups of persons, as they consider appropriate.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Healthcare Improvement Scotland (Fees) Regulations 2024 and come into force on 19 June 2024.

(2) In these Regulations “the Act” means the National Health Service (Scotland) Act 1978.

(3) In these Regulations, where a fee is expressed to be payable “per place”, the total fee payable in respect of the service is the sum shown multiplied by the maximum number of persons to whom the service may be provided in accordance with any condition for the time being in force in relation to registration of that service under the Act.

Maximum fees

2.  For a service listed in column 1 of the schedule the maximum fee which may be imposed by HIS in respect of—

(a) any application for registration under section 10P (registration of independent health care services) of the Act, is that shown in column 2 of the schedule,

(b) the annual continuation of such registration, is that shown in column 3 of the schedule,

(c) any application made for the variation or removal of a condition in relation to any such registration, is that shown in column 4 of the schedule, and

(d) any application for cancellation of any such registration, is that shown in column 5 of the schedule.

Fees for new certificates

3.  For a service listed in column 1 of the schedule the maximum fee which may be imposed by HIS in respect of issuing a new certificate of registration under section 10Z5(2)(d) of the Act is £100.

Revocation

4.  The Healthcare Improvement Scotland (Fees) Regulations 2016(2) are revoked.

JENNI MINTO

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th April 2024

Regulations 2 and 3

SCHEDULE

Column 1	Column 2	Column 3	Column 4	Column 5
Service	Application for Registration	Annual Continuation	Variation or Removal of Condition	Cancellation of Registration
	(£)	(£)	(£)	(£)
Independent hospital	7,500	500 per place	1000	100
Private psychiatric hospital	7,500	500 per place	1000	100
Independent clinic	5,000	5,000	1000	100
Independent medical agency	5,000	5,000	1000	100

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the maximum fees which may be imposed by Healthcare Improvement Scotland in respect of applications for registration or for cancellation of registration of independent health care services, the annual continuation of any such registration, and applications for the variation or removal of a condition of registration under the National Health Service (Scotland) Act 1978 (regulation 2 and the schedule).

Regulation 3 prescribes the maximum fee for issuing a new certificate of registration.

Regulation 4 revokes the Healthcare Improvement Scotland (Fees) Regulations 2016.

(1)

1978 c. 29 (“the 1978 Act”); section 10Z5 was inserted into the 1978 Act by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8) . Section 108(1) of the 1978 Act contains a definition of “prescribed”.

(2)

S.S.I. 2016/26.