The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 1123

National Health Service, England

The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2021

Made

6th October 2021

Laid before Parliament

7th October 2021

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 175 and 272(7) and (8) of the National Health Service Act 2006(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2021.

(2) These Regulations come into force on—

(a) the date on which provisional application of the Convention takes effect pending its entry into force, as provided for by Article 73 of the Convention; or

(b) where the Convention has not been provisionally applied, the date on which the Convention enters into force as provided for by Article 72 of the Convention.

(3) The Secretary of State must give notice in the London Gazette, as soon as reasonably practicable, of the date on which provisional application of the Convention takes effect, or where the Convention has not been provisionally applied, the date on which the Convention enters into force(2).

(4) In this regulation “the Convention” means the Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation signed at London on 9 September 2021.

Amendment of the National Health Service (Charges to Overseas Visitors) Regulations 2015

2.  In Schedule 2 to the National Health Service (Charges to Overseas Visitors) Regulations 2015(3), in the appropriate alphabetical position insert “Switzerland”.

Syed Kamall

Parliamentary Under Secretary of State

Department of Health and Social Care

6th October 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges to Overseas Visitors) Regulations 2015 (S.I. 2015/238) (“the Principal Regulations”) which provide for the making and recovery of charges for relevant services provided under the National Health Service Act 2006 (c. 41) to certain persons not ordinarily resident in the United Kingdom.

Regulation 2 inserts Switzerland into the list of countries in Schedule 2 to the Principal Regulations, meaning that no charges may be made or recovered in respect of relevant services provided to an overseas visitor where the provision of those services is covered by a reciprocal agreement with Switzerland.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen. An impact assessment has been carried out in relation to the Convention on Social Security Coordination between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation and is available from the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.

(1)

2006 c. 41. There are amendments to section 272, none of which are relevant to these Regulations.

(2)

The date from which the Convention is provisionally applied will also be published on the relevant page on GOV.UK which can be found at: http://www.gov.uk/. A copy of the Convention is, and the date on which the Convention enters into force will be, published on the relevant page on Treaties Online which can be found at: http://www.gov.uk/guidance/uk-treaties. A copy of the Convention and confirmation of whether it has been provisionally applied or whether it has entered into force can also be obtained by writing to the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.

(3)

S.I. 2015/238; relevant amending instruments are S.I. 2015/2025, 2017/756, 2020/1423 and 2020/1659.