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The National Health Service (Cross-Border Health Care) (Scotland) Regulations 2013

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11.—(1) Where a visiting patient is provided with a cross border healthcare service which is a service prescribed by the Scottish Ministers under section 98 of the NHS Act (charges in respect of non-residents) the amount of the charge to the visiting patient for that service must not exceed the amount the person or body responsible for providing the service would assess as the cost of the service if it had been provided to a resident patient.

(2) In this regulation “cross-border healthcare service” means healthcare—

(a)provided in Scotland to or prescribed for a visiting patient as a consequence of that patient exercising their rights in relation to access to healthcare under the Directive; and

(b)provided by a Health Board.

F11972 c.68. Section 2(2) was amended by the Scotland Act 1998 Act (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3), (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”), section 2(2) was also amended by section 27(1)(a) of the 2006 Act and the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

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