The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Amendment Regulations 2012

Made: 29th May 2012

Laid before the Scottish Parliament: 31st May 2012

Coming into force: 1st September 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 75A, 105(7) and 108(1) of the National Health Service (Scotland) Act 1978[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No.2) Amendment Regulations 2012 and come into force on 1stSeptember 2012.

• (2) In these Regulations “the 2003 Regulations” means the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No.2) Regulations 2003[^f00002].

Amendment of modifications of the Income Support (General) Regulations 1987 for the purpose of Part 1 of the Schedule to the 2003 Regulations

2

• (1) Table A of the Schedule to the 2003 Regulations is amended as follows.

• (2) In the modifications of regulation 62 (calculation of grant income), for inserted paragraph(2C)(b), substitute—

(b) any sum by way of maintenance grant available to a student under regulations39 to 41 of the Assembly Learning Grants and Loans (Higher Education) (Wales) (No.2) Regulations 2011[^f00003] which is not taken into account in the calculation of the maximum amount of a loan for living costs under regulations49 to 52 of those Regulations; and

Signed

MICHAEL MATHESON — Authorised to sign by the Scottish Ministers — 29th May 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (“the 2003 Regulations”).

Regulation 2 updates references to student funding regulations in Wales. These set out the entitlement to grants and loans available to students. Certain amounts of student maintenance grants are disregarded in calculating the entitlement of students to the payment of travel expenses and the remission of charges under the 2003 Regulations.

Footnotes

[^f00001]: 1978 c.29. Section 75A was inserted by the Social Security Act 1988 (c.7), section 14(2) and amended by the Health and Medicines Act 1988 (c.49), Schedule 2, paragraph 13, the National Health Service and Community Care Act 1990 (c.19), Schedule 9, paragraph 19(13), the National Health Service (Primary Care) Act 1997 (c.46), Schedule 2, Part I, paragraphs32 and 50, the National Health Service Reform (Scotland) Act 2004 (asp 7), schedule 1, paragraph 1 and by S.I.1998/2385 and S.S.I.2010/283; section 105(7) was amended by the Health Services Act 1980 (c.53), Schedule6, paragraph5(1) and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule9, Part I, paragraph 24 and the Health Act 1999 (c.8), Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: S.S.I. 2003/460; amended by S.S.I. 2004/102 and 166, 2005/3 and 179, 2006/142, 183 and 440, 2007/225, 259 and 391, 2008/27, 147, 288 and 390, 2009/124, 2010/94 and 319 and 2011/55 and 449. S.S.I. 2006/142 was revoked by S.S.I.2006/183.

[^f00003]: S.I. 2011/1940 (W. 208).