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Provision of Health Services to Persons not Ordinarily Resident Regulations (Northern Ireland) 2005

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Services exempted from charges

4.—(1) Services forming part of health services supplied to any class of person described in regulation 3 shall be exempt from charges except to the extent that charges would be payable by a person ordinarily resident in Northern Ireland.

(2) Where a person meets the residence qualification in regulation 3(c) on a date during a course of treatment for which charges could have been made prior to that date no charge shall be made in respect of services received subsequently.

(3) Where it is established that a person does not meet the residence qualification in regulation 3(c) and that person has already received services as part of a course of treatment on the basis that no charges would be made, no charges may be made for the remainder of that course of treatment.

(4) No charge shall be made in respect of any services forming part of the health services provided for the spouse or civil partner or child of a visitor to whom regulation 3 applies where he lives on a permanent basis with the visitor in the United Kingdom.

(5) No charge shall be made in respect of any services forming part of health services provided for a visitor—

(a)at a hospital accident and emergency department or casualty department unless and until he has been accepted as an in-patient at the hospital for treatment of the condition in respect of which such services are provided; or

(b)otherwise than at, or by staff employed to work at, or under the direction of, a hospital; or

(c)consisting of the provision of family planning services; or

(d)for treatment in respect of a disease listed in Schedule 1; or

(e)at a special clinic for the treatment of sexually transmitted diseases or in respect of a sexually transmitted disease by virtue of a reference from such a clinic, but in the case of services which relate to infection with any Human Immunodeficiency Virus, only to the extent that they consist of a diagnostic test for evidence of infection with any such Virus and counselling associated with that test or its result; or

(f)who is detained in a hospital, or received into guardianship, under the Mental Health (Northern Ireland) Order 1986(1) or any other transferred provision authorising orders for admission to, and detention in, hospital by reason of mental disorder; or

(g)with a view to the improvement of his mental condition where submission to the treatment is, under paragraph 4 of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996(2), included by the court in a probation order under Article 10 of that Order.

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