Scottish Statutory Instruments

2001 No. 430

NATIONAL HEALTH SERVICE

The National Health Service (Charges for Drugs and Appliances) (Scotland) Regulations 2001

Made

21st November 2001

Laid before the Scottish Parliament

22nd November 2001

Coming into force

14th December 2001

The Scottish Ministers, in exercise of the powers conferred by sections 19(2), 25(2), 27(2), 69(1) and (2), 75(a), 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:

(1)

1978 c. 29; section 19(2) was amended by the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, paragraph 39(2); section 25(2) was amended by the European Communities (Medical, Dental and Nursing Professions) (Linguistic Knowledge) Order 1981 (S.I. 1981/432), article 4(3), by the Health and Medicines Act 1988 (c. 49), Schedule 2, paragraph 11 and by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 40(2) and Schedule 9, paragraph 19(6), the 1997 Act, Schedule 2, paragraph 43 and Schedule 3, Part I and the Health Act 1999 (c. 8) (“the 1999 Act”), section 56(3); section 27(2) was amended by the National Health Service (Amendment) Act 1986 (c. 66), section 3(3) and the 1990 Act, Schedule 9, paragraph 19(7); section 105(7), which was amended by the Health Services Act 1980 (c. 41), 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 1999 Act, Schedule 4, paragraph 60, contains provisions relevant to the making of regulations; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. See section 66(1) of the 1999 Act in relation to any provision of that Act being taken to be a pre-commencement enactment within the meaning of the Scotland Act 1998 (c. 46) (“the 1998 Act”). The functions of the Secretary of State were transferred to the Scottish Ministers, by virtue of section 53 of the 1998 Act.