Joint Committee on Statutory Instruments Thirty-First Report

Appendix 4

S.I. 2003/2382: memorandum from the Department of Health

National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I. 2003/2382)

1. The Committee considered the above instrument at its meeting on 28 October 2003 and requested a memorandum on the following point:

Explain the purpose and effect of regulation 14(2). In particular, explain:

(a) if the intention in applying regulation 11(2) was to require a claim to be made on a form provided or approved by the health service body, why was this not stated in regulation 14(1);

(b) what regulation 11(3) adds to regulation 14(1);

(c) why regulation 7(2) to (4) is not applied.

2. The purpose of regulation 14(2) was to attract the requirement in regulation 11(2) that a claim to payment or repayment for NHS foreign travel expenses should be made on a form provided or approved by the health service body. The reference in regulation 14(2) to regulation 11(3) is a duplication and should not have been included.

3. The Department accepts that it would have been preferable to have made provision in regulation 14(1) about a form for a claim for payment or repayment in respect of NHS foreign travel expenses.

4. The Department also accepts that regulation 7(2) to (4) should have been applied, suitably modified so that the references in those paragraphs to the Secretary of State would read as references to a health services body.

5. The Department will bring forward amendments to correct these errors at the earliest opportunity.

October 2003

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