Modifications

4 Modification of the National Health Service (Scotland) Act 1978
1 The National Health Service (Scotland) Act 1978 is modified as follows.
2 In section 75A (remission and repayment of charges and payment of travelling expenses), in subsection (1)(b)(ii), for “75B” substitute “ 75BA ”.
3 Section 75B (reimbursement of the cost of services provided in another EEA State) is repealed.
4 In section 75BA (reimbursement of the cost of services provided in another EEA State on or after 25 October 2013)—
(a) in subsection (1), after “and (14)” insert “ and section 75BC ”,
(b) in subsection (3), omit “other than the United Kingdom”,
(c) for subsection (15) substitute—

“(15) In this section and section 75BB—
“authorised provider” in relation to services provided in an EEA State means a person who is lawfully providing services,
“services” includes any goods, including drugs, medicines and appliances which are used or supplied in connection with the provision of a service, but does not include accommodation other than hospital accommodation.”

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5 In section 75BB (prior authorisation for the purposes of section 75BA), in subsection (9), omit “and section 75C”.
6 After section 75BB insert—

“75BC Restriction on reimbursement after EU withdrawal
(1) The duty to reimburse in section 75BA(2) applies in respect of a service provided to a person on or after IP completion day only if one of the following conditions is met.
Words in reg. 4(6) substituted (31.12.2020 immediately before IP completion day) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(a)
(2) Condition 1 is that the service began to be provided to the person before IP completion day.
(3) Condition 2 is that—
(a) the application for authorisation under section 75BB in relation to the provision of the service to the person was made before IP completion day, and
(b) the service began to be provided to the person on or after IP completion day and before—
(i) the end of the period specified in the authorisation as the period for which authorisation is granted, or
(ii) if no such period is specified in the authorisation, the end of the period of 1 year beginning with IP completion day.
Words in reg. 4(6) substituted (31.12.2020 immediately before IP completion day) by The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(b)
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in reg. 4(6) omitted (31.12.2020 immediately before IP completion day) by virtue of The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/478), regs. 1, 4(c)
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

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7 Section 75C (which provides the prior authorisation rules for section 75B) is repealed.
8 In section 75D (deduction of NHS charges)—
(a) in subsection (1), omit “75B(1) or”,
(b) in subsection (2), omit “75B and 75C or”,
(c) for subsection (3) substitute—

“(3) In this section—
“eligible person” means a person who is ordinarily resident in Scotland,
“NHS charge” means any charge payable in accordance with sections 69 to 74 or regulations made under those sections,
“services” has the meaning given in section 75BA(15).”

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Reg. 4 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 2