Health Act 1997

In this section – amending Act means the Health Amendment (Fees Validation) Act 2015; former regulations means the Health (Fees) Regulations 2007 as in force during the validation period; rescinded regulations means the Health (Fees) Regulations 1997 as in force during the validation period; subsequent regulations means the Health (Fees) Regulations 2007 as in force immediately after the amending Act commences; validation day means the day on which the amending Act commences; validation period means the period beginning on 1 April 2007 and ending immediately before the validation day.

This section applies to a fee that was, before the validation day, charged, or purportedly charged, under regulation 5 of the former regulations, in respect of a period within the validation period, if the fee would have been, but for this section, invalidly charged by reason only that the former regulations, rather than the subsequent regulations, were in effect during the validation period.

This section also applies to a fee that was, before the validation day, charged, or purportedly charged, under regulation 6 of the rescinded regulations, in respect of a period within the validation period, if the fee would have been, but for this section, invalidly charged by reason only that the expression "nursing-home-type patient" did not have, in the rescinded regulations, the meaning set out in regulation 3A of the subsequent regulations.

A fee to which this section applies is taken to be, and to always have been, validly charged and, if collected or purportedly collected, validly collected.

Despite subsections (2) and (3), this section does not apply in relation to a fee charged, or purportedly charged, to a person if the fee was collected, or purportedly collected, from the person and then refunded to the person before the validation day.

The amendment of the former regulations by Part 2 of the amending Act does not prevent the subsequent regulations being subsequently amended or rescinded by any regulations made under this Act.