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Scottish Statutory Instruments

2000 No. 79

NATIONAL HEALTH SERVICE

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2000

Made

16th March 2000

Laid before the Scottish Parliament

17th March 2000

Coming into force

10th April 2000

The Scottish Ministers, in exercise of the powers conferred upon them by section 75A, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Amendment Regulations 2000 and shall come into force on 10th April 2000.

(2) In these Regulations, “the principal Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988(2).

Amendment of regulation 2 of the principal Regulations

2.  In regulation 2(1) of the principal Regulations (interpretation) in the definition of “family”(3) after sub paragraph (c) there is added the following sub-paragraph–

(d)where a claim has been made for support under Part VI of the Immigration and Asylum Act 1999(4), it means the asylum – seeker who has made that claim and any dependant, as defined in section 94 of that Act, whom he has included in that claim;.

Amendment of regulation 4 of the principal Regulations

3.  At the end of regulation 4 of the principal Regulations (description of persons entitled to full remission and payment)(5) there is added–

or

(n)an asylum – seeker for whom support is provided under Part IV of the Immigration and Asylum Act 1999; or

(o)a member of the same family as a person described in paragraph (n) of this regulation..

IAIN GRAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th March 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (S.I. 1988/546) (“the principal Regulations”) which provide for the remission and repayment of certain charges which would otherwise be payable under the National Health Service Act 1978 and for the payment of travelling expenses incurred attending a hospital.

These Regulations amend the principal Regulations to provide for the remission of charges or payment of travelling expenses to asylum – seekers and their dependants.

(1)

1978 c. 29; section 75A was inserted by the Social Security Act 1988 (c. 7), section 14(2), and amended by the National Health Service and Community Care Act 1990 (c. 19), Schedule 9, paragraph 19(13); section 105(7) which contains provisions relevant to the making of regulations was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7 and by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24 and by the Health Act 1999 (c. 8), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1988/546 relevant amending instruments are S.I. 1995/700, 1996/429 and 2391, 1997/1012 and S.S.I. 1999/63.

(3)

The definition of “family” was amended by S.I. 1995/700 and 1996/2391.

(5)

Regulation 4 was amended by S.I. 1995/700, 1996/429, and 2391, 1997/1012 and S.S.I. 1999/63.