Statutory Instruments

1998 No. 2417

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1998

Made

30th September 1998

Laid before Parliament

1st October 1998

Coming into force

1st October 1998

The Secretary of State for Health, in exercise of powers conferred on him by sections 83A, 126(4) and 128(1) of the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1998 and shall come into force on 1st October 1998.

(2) In these Regulations "the principal Regulations" means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988(2).

Amendment of regulation 3 of the principal Regulations

2. In paragraph (2)(b) of regulation 3 of the principal Regulations (entitlement to full remission and payment) after "Act" there shall be added "or of section 20(1) of the National Health Service (Primary Care) Act 1997(3).".

Amendment of regulation 5 of the principal Regulations

3.-(1) Regulation 5 of the principal Regulations (persons entitled to remission in part or payment in part) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (2) after "section 79(1) of the Act" there shall be inserted "or of section 20(1) of the National Health Service (Primary Care) Act 1997".

(3) For sub-paragraph (b) of paragraph (4) there shall be substituted-�

"(b)in the case of a charge-�

(i)for dental treatment or for the supply of a dental appliance under Part II of the Act (general dental services), or

(ii)for dental treatment under Part I of the National Health Service (Primary Care) Act 1997 (personal dental services),

the charge made for one course of treatment, including any charge made for a dental appliance supplied in that course of treatment;".

(4) In paragraph (4)(c) after "Act" there shall be inserted "or under Part I of the National Health Service (Primary Care) Act 1997".

Signed by authority of the Secretary of State for Health

Alan Milburn

Minister of State,

Department of Health

30th September 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 ("the principal Regulations") which provide for the remission and repayment of certain charges which would otherwise be payable under the National Health Service Act 1977 and for the payment of travelling expenses incurred in attending a hospital.

Regulations 2 and 3 amend regulations 3 and 5 respectively of the principal Regulations so as to provide for remission and repayment of charges for treatment provided under pilot schemes for the provision of personal dental services under the National Health Service (Primary Care) Act 1997.

(1)

1977 c. 49; section 83A was inserted by section 14(1) of the Social Security Act 1988 (c. 7) and amended by paragraph 6 of Schedule 2 to the Health and Medicines Act 1988 (c. 49), by paragraph 18(5) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), by paragraph 40 of Schedule 1 to the Health Authorities Act 1995 (c. 17), by paragraph 19 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c. 46) and by article 2 of the National Health Service Act 1977 and National Health Service (Scotland) Act 1978 Amendment Order 1998 S.I. 2385. Section 126(4) was amended by section 65(2) of the 1990 Act. Section 128(1) is an interpretation provision and is cited because of the meanings assigned to the words "prescribed " and "regulations"; section 128(1) was amended by section 26(2)(g) and (i) of the 1990 Act.

(2)

S.I. 1988/551; relevant amending instruments are S.I. 1989/394 and 1991/557.

(3)

c. 46.