The National Health Service (Scotland) (Injury Benefits) Regulations 1998

Officers transferred in consequence of reorganisation

16.—(1) This regulation shall apply to or in respect of any person who was transferred to the employment of an employing authority under the National Health Service (Scotland) Act 1972(1) and who, having remained in the employment of that authority without a break of one day or more, suffers an injury or contracts a disease in respect of which, had he remained in his previous employment, he would have been eligible to receive benefits by virtue of any enactment, scheme or arrangement associated with that employment.

(2) Where the Secretary of State is of the opinion that, in relation to any person to whom or in respect of whom this regulation applies, any benefits specified in paragraph (1)–

(a) would, when taken as a whole, have been more favourable than any benefits payable under these Regulations, or

(b) would have been payable where no benefits would have been payable under these Regulations,

the Secretary of State, having regard to the provisions of such enactment, scheme or arrangement, may make such payments, to or in respect of such person, supplementary to any benefits which otherwise might be payable under these Regulations, as the Secretary of State considers equitable so that the benefits, taken as a whole, are not less favourable than those which might have been payable under such provisions.

(1)

1972 c. 58.