National Health Service (Scotland) Act 1978

[F175D Deduction of NHS charges S

(1) A Health Board may deduct from any amount to be reimbursed under section F2... [F375BA], in whole or in part, any NHS charge which would have been payable by the eligible person for the same service or an equivalent service if the service had been made available by the Health Board in whose area the eligible person resides.

(2) Subsection (1) does not apply to the extent that the eligible person would, if the services received had been provided under this Act otherwise than in accordance with sections F4... [F575BA and 75BB], be entitled to any exemption or remission from any NHS charge.

[F6(3)In this section—

  • “eligible person” means a person who is ordinarily resident in Scotland,

  • “NHS charge” means any charge payable in accordance with sections 69 to 74 or regulations made under those sections,

  • “services” has the meaning given in section 75BA(15).]]

Textual Amendments

F3Words in s. 75D(1) inserted by 1978 c. 29, s. 75BB(7)(a) (as inserted (25.10.2013) by The National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013 (S.S.I. 2013/292), regs. 1(1), 8(4))

F5Words in s. 75D(2) inserted by 1978 c. 29, s. 75BB(7)(b) (as inserted (25.10.2013) by The National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013 (S.S.I. 2013/292), regs. 1(1), 8(4))