Regulation 4 Modification of the National Health Service (Scotland) Act 1978I1

The National Health Service (Scotland) Act 1978 is modified as follows.

In section 75A (remission and repayment of charges and payment of travelling expenses), in subsection (1)(b)(ii), for “75B” substitute “ 75BA ”.

Section 75B (reimbursement of the cost of services provided in another EEA State) is repealed.

In section 75BA (reimbursement of the cost of services provided in another EEA State on or after 25 October 2013)—

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

After section 75BB insert—

“Restriction on reimbursement after EU withdrawal

75BC

(1)

The duty to reimburse in section 75BA(2) applies in respect of a service provided to a person on or after F1IP completion day only if one of the following conditions is met.

(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

F2(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.

F3(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Section 75C (which provides the prior authorisation rules for section 75B) is repealed.

In section 75D (deduction of NHS charges)—