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National Health Service (Scotland) Act 1978, Section 10Z5 is up to date with all changes known to be in force on or before 07 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Valid from 01/10/2010
(1)The Scottish Ministers, after consulting such persons, or groups of persons, as they consider appropriate on the potential effect of so prescribing on the services which the persons, or persons they represent, provide, may prescribe—
(a)maximum fees which may be imposed by HIS under this section;
(b)circumstances in which fees so imposed are or are not to be payable.
(2)Subject to the provisions of this section, HIS must impose fees in respect of—
(a)any application made for registration of an independent health care service or for cancellation of any such registration;
(b)the annual continuation of any such registration;
(c)any application made for the variation or removal of a condition for the time being in force in relation to any such registration;
(d)issuing to a person a new certificate of registration—
(i)at the instance of that person;
(ii)by virtue of any application by that person; or
(iii)by virtue of any new information provided by that person in pursuance of regulations under this group of sections (within the meaning of section 10S(2)(a)).
(3)Without prejudice to subsection (1)—
(a)HIS must, in fixing fees under this section, have regard to its reasonable expenses in carrying out its functions; but
(b)where it appears to HIS to be appropriate it may charge a nominal fee, or remit the fee altogether.]
Textual Amendments
F1Ss. 10A-10Z19 and cross-headings inserted (1.8.2010 for the insertion of s. 10A for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 1.4.2017 for specified purposes, 19.6.2024 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2; S.S.I.2024/131, art. 2, sch. 1
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