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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2006 No. 141 URL: http://www.bailii.org/scot/legis/num_reg/2006/20060141.html

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(a) "the Act" means the National Health Service (Scotland) Act 1978.

(b) "the principal Regulations" means the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989[2].

Amendment of regulation 1 of the principal Regulations
     2. In regulation 1(2) of the principal Regulations (citation, commencement and interpretation)–

(a) insert in the appropriate alphabetical places–

" "dental list" means a list maintained by a Health Board in terms of regulations made under section 25(2)[3] of the Act;";

"general dental services" is to be construed in accordance with section 25(1)[4] of the Act;";

"ophthalmic medical practitioner" means a medical practitioner having the qualifications prescribed under regulations made under section 26(1) of the Act[5];"; and

"ophthalmic list" means a list maintained by a Health Board in terms of regulations made under section 26(2)[6] of the Act;"; and

(b) in the definition of "services forming part of the health service", insert after "(accommodation and services)", "or general dental services, or general ophthalmic services, or personal dental services".

Amendment of regulation 2 of the Principal Regulations
     3. In regulation 2 (making and recovery of charges) after paragraph (2) insert the following paragraphs–

    " (3) Where an overseas visitor receives:–


(a) general dental services in a Health Board's area from a dental practitioner on that Health Board's dental list, or

(b) general ophthalmic services in a Health Board's area from an ophthalmic medical practitioner or an ophthalmic optician on that Health Board's ophthalmic list, or

(c) personal dental services from a dental practitioner in terms of an agreement made with a Health Board under section 17C[7] of the Act or a pilot scheme under Part I of the National Health Service (Primary Care) Act 1997[8] (as the case may be),



the dental practitioner, ophthalmic medical practitioner or ophthalmic optician providing such general dental services, general ophthalmic services or personal dental services, having determined, by means of such enquiries as that person is satisfied are reasonable in all the circumstances, including the state of health of that overseas visitor, that the case is not one in which these Regulations provide for no charge to be made, shall make and recover from the person liable under regulation 7 charges for the provision of those services as such charges are determined by the Health Board.

    (4) A dental practitioner, ophthalmic medical practitioner or ophthalmic optician who makes and recovers a charge in accordance with paragraph 3 shall give or send to the person making the payment a receipt for the amount paid".

Amendment of regulation 3 of the principal Regulations
     4. In regulation 3 of the principal Regulations (services exempted from charges)[9] in paragraph (b), insert after "hospital"–

     " except in the case of general dental services, or general ophthalmic services, or personal dental services provided as mentioned in regulation 2(3).".

Amendment of regulation 8 of the principal Regulations
     5. —(1) In regulation 8(1) of the principal Regulations (repayments)[10], after "health service" insert ", other than general dental services, or general ophthalmic services, or personal dental services,".

    (2) In regulation 8 after paragraph (2) insert the following paragraphs–

    " (3) Where a sum has been paid as a charge for general dental services, general ophthalmic services or personal dental services forming part of the health service by or on behalf of a person who, at the time the services were provided for such person, was not an overseas visitor in respect of whom, or did not receive services for which, such a charge was payable, a claim for repayment of the sum may be made by presenting to the person by whom the charge was made and recovered–


(a) the receipt for payment of such sum;

(b) a declaration in support of the claim signed by or on behalf of the claimant; and

(c) such evidence in support of the declaration as that person may require.



    (4) The person who made and recovered the charge, if satisfied by the evidence so produced that the sum to which the receipt relates was not payable by virtue of these Regulations, shall repay to the claimant the amount of any such sum.".

LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
9th March 2006

[2] S.I. 1989/364 amended by S.I. 1992/411, 1994/1770, 1998/251 and S.S.I. 2004/369.back

[3] Section 25(2) was extended by the Health and Medicines Act 1988 (c.49), section 17 and amended by the National Health Service and Community Care Act 1990 (c.19), section 40(2) and Schedule 9, paragraph 19(6), by the National Health Service ((Primary Care) Act 1997 (c.46), ("the 1997 Act"), Schedule 2, paragraph 43 and Schedule 3 and by the Health Act 1999 (c.8), section 56(3).back

[4] Section 25(1) was restricted in its application by the 1997 Act, section 1(5)(b).back

[5] Section 26(1) was amended by the Health and Social Security Act 1984 (c.48) section 1(7) and Schedule I Part II, paragraph 1, extended by the Health and Medicines Act 1988 (c.49) sections 17(1) and 13(4), and is amended by the 2005 Act, section 13(2) in terms of S.S.I. 2006)/121 with effect from 1st April 2006.back

[6] Section 26(2) is substituted by the Smoking Health and Social Care (Scotland) Act 2005 (asp 13) ("the 2005 Act"), section 19 in terms of S.S.I. 2006/121 with effect from 1st April 2006.back

[7] Section 17C was inserted by the 1997 Act sections 21(2) and 41(3). Relevant amendments are the Primary Medical Services (Scotland) Act 2004, asp 1, section 2(2)(a), 2(2)(b), 2(2)(c), 2(2)(d) and 2(2)(e).back

[8] 1997 c.46.back

[9] Regulation 3 was amended by S.I. 1992/411 and 1994/1770.back

[10] Regulation 8 was amended by S.I. 1992/411.back

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