2004 No. 1433 (W.146)
The National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) Regulations 2004
Coming into force
The National Assembly for Wales, in exercise of the powers conferred upon it by sections 121 and 126(4) of the National Health Service Act 19771 and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Citation, commencement, application and interpretation1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) Regulations 2004 and shall come into force on 31st May 2004.
These Regulations apply to Wales.
In these Regulations “the principal Regulations” (“y prif Reoliadau”) means the National Health Service (Charges to Overseas Visitors) Regulations 19892.
Amendment of regulation 1 of the principal Regulations2
In regulation 1(2) of the principal Regulations (citation, commencement and interpretation) in the appropriate alphabetical position insert —
“authorised child” means a child who has either been granted leave to enter the United Kingdom with his parent for the purpose of the parent obtaining a course of treatment in respect of which no charges are payable under regulation 6A or is the child of an authorised companion;
“authorised companion” means a person who has been granted leave to enter the United Kingdom to accompany a person who is obtaining a course of treatment in respect of which no charges are payable under regulation 6A;
“the United Kingdom Government” as referred to in regulation 4(1)(a)(iii) includes the National Assembly for Wales.
Amendment of regulation 4 of the principal Regulations3
In regulation 4 of the principal Regulations (overseas visitors exempt from charges) —
at the beginning for the number of the regulation “4.” substitute “4.—(1)”;
in the opening words delete the words “being a person, or the spouse or child of a person”;
in paragraph (a) —
delete the words “, if his employer has his principal place of business in the United Kingdom”;
for sub-paragraph (i) substitute —
engaging in employment with an employer which has its principal place of business in the United Kingdom or which is registered in the United Kingdom as a branch of an overseas company, or
being a self employed person whose principal place of business is in the United Kingdom;
delete sub-paragraph (iii) and substitute —
pursuing a full time course of study which is substantially funded by the United Kingdom Government or is of at least six months duration;
for paragraph (b) substitute the following paragraph —
who has resided lawfully in the United Kingdom for a period of not less than one year immediately preceding the time when the services are provided unless this period of residence followed the grant of leave to enter the United Kingdom for the purpose of undergoing private medical treatment or a determination under regulation 6A;
in paragraph (c) after the words “United Kingdom” where they occur for the second time insert “which has not yet been determined”;
in paragraph (k) —
after the words “ten years continuous” insert the word “lawful”,
after the words “United Kingdom” where they occur for the second time delete the words to the end and substitute “that has lasted for a period of no more than five years.”.
At the end of regulation 4 add the following paragraphs —
Where a person meets the residence qualification in paragraph (1)(b) 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;
Where it is established that a person does not meet the residence qualification in paragraph (1)(b) 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.
No charge shall be made in respect of any services forming part of the health service provided for the spouse or child of an overseas visitor to whom this regulation applies where he lives on a permanent basis with the overseas visitor in the United Kingdom.
Exemption from charges during long term visits by United Kingdom pensioners4
After regulation 4 (overseas visitors exempt from charges) insert a new regulation —
Exemption from charges during long term visits by United Kingdom pensioners4A
No charge shall be made or recovered in respect of any overseas visitor who —
resides in the United Kingdom for at least six months and in another Member State for less than six months each year; and
is not registered as a resident of another Member State;
for services forming part of the health service which he receives during the period he resides in the United Kingdom.
No charge shall be made in respect of any services forming part of the health service provided for the spouse or child of an overseas visitor to whom this regulation applies where he lives on a permanent basis with the overseas visitor during the period they reside in the United Kingdom.
Amendment of regulation 5 of the principal Regulations5
In regulation 5 (exemption from charges for treatment the need for which arose during the visit) —
in paragraphs (b) and (e) after the words “ten years continuous” insert the word “lawful”;
after paragraph (e) add the following —
an authorised child or an authorised companion.
Exemption from charges for exceptional humanitarian reasons6
After regulation 6A (exemption from charges for exceptional humanitarian reasons) insert a new regulation —
Regulation 6A as inserted for England shall additionally have effect in Wales subject to the modification that for the references to the “Secretary of State” there shall be substituted references to the “National Assembly for Wales5.
Amendment of Schedule 1 to the principal Regulations7
After Part III of Schedule I to the principal Regulations (diseases for the treatment of which no charge is to be made) add the following—
PART IVOther DiseasesSevere Acute Respiratory Syndrome.
Amendment of Schedule 2 to the principal Regulations8
Delete from Schedule 2 the entry “Hong Kong”.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986
(This note is not part of the Regulations)