The Healthcare Improvement Scotland (Fees) Regulations 2011

Scottish Statutory Instruments

2011 No. 33

Public Health

The Healthcare Improvement Scotland (Fees) Regulations 2011

Made

20th January 2011

Laid before the Scottish Parliament

24th January 2011

Coming into force

1st April 2011

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 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 2011 and come into force on 1st April 2011.

(2) In these Regulations—

“the Act” means the National Health Service (Scotland) Act 1978;

“HIS” means Healthcare Improvement Scotland(2);

where a fee is expressed to be payable “per place”, the total fee payable in respect of the service shall be 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 the 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 the 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 £77.

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th January 2011

Regulation 2

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 health care service	3620	152 per place	328	328

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 an Independent Health Care Service, 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.

(1)

1978 c.29; section 10Z5 was inserted into the National Health Service (Scotland) Act 1978 (the “1978 Act”) by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8) (the “2010 Act”). See section 108(1) for the definition of “prescribed”.

(2)

Healthcare Improvement Scotland is established under section 10A of the 1978 Act as inserted by section 108 of the 2010 Act.