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National Health Service (Scotland) Act 1978
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Changes to legislation:
National Health Service (Scotland) Act 1978, Section 75BC is up to date with all changes known to be in force on or before 22 December 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 75BC:
- s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
- s. 70A inserted by 1997 c. 46 s. 26(2)
- s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
- s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
- Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 16A(5) added by 2002 asp 5 Sch. 2 para. 2(2)
- s. 70A inserted by 1997 c. 46 s. 26(2)
- s. 70A(2) word substituted by 2005 asp 13 s. 14(3)
- s. 85AB(7) inserted by 2005 asp 13 sch. 2 para. 2(18)(b)
- Sch. 11 para. 2(1A) inserted by 2005 asp 13 s. 14(6)(a)
[F1[F275BCRestriction on reimbursement after EU withdrawalS
(1)The duty to reimburse in section 75BA(2) applies in respect of a service provided to a person on or after [F3IP completion day] only if one of the following conditions is met.
(2)Condition 1 is that the service began to be provided to the person before [F3IP completion day].
(3)Condition 2 is that—
(a)the application for authorisation under section 75BB in relation to the provision of the service to the person was made before [F3IP completion day], and
[F4(b) the service began to be provided to the person on or after IP completion day and before—
(i)the end of the period specified in the authorisation as the period for which authorisation is granted, or
(ii)if no such period is specified in the authorisation, the end of the period of 1 year beginning with IP completion day.]
F5(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]
Textual Amendments
F1Ss. 75B-75D inserted (7.7.2010) by The National Health Service (Reimbursement of the Cost of EEA Treatment) (Scotland) Regulations 2010 (S.S.I. 2010/283), reg. 3(3)
F2S. 75BC inserted (31.12.2020) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/131), regs. 2, 4(6) (with reg. 3) (as amended by S.S.I. 2020/478, regs. 1, 3); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 75BC substituted (31.12.2020 immediately before IP completion day) in earlier amending provision S.S.I. 2019/131, reg. 4(6) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(a)
F4Words in s. 75BC substituted (31.12.2020 immediately before IP completion day) in earlier amending provision S.S.I. 2019/131, reg. 4(6) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(b)
F5S. 75BC(4)-(6) omitted (31.12.2020 immediately before IP completion day) in earlier amending provision S.S.I. 2019/131, reg. 4(6) by virtue of The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(c)
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