- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The National Health Service (Travel Expenses and Remission of Charges) Regulations 2003, Section 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3.—(1) In these Regulations “NHS travel expenses” means the travel expenses which a person necessarily incurs—
(a)in attending—
(i)a health service hospital,
F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)any other place in the United Kingdom,
for the provision of any services [F2to which paragraph (1A) applies; or]
(b)in travelling to a port in Great Britain for the purpose of travelling abroad in order to receive services provided pursuant to arrangements made [F3under the 2006 Act by a health service body or a local authority [F4or pursuant to an integrated care provider contract].]
[F5(1A) This paragraph applies to services under the 2006 Act [F6(including sub-contracted services)] which are—
(a)not primary medical services[F7, primary ophthalmic services] or primary dental services;
(b)provided pursuant to a referral by a medical practitioner[F8, ophthalmic practitioner] or dental practitioner; and
(c)[F9in a case where the services are not provided by an integrated care provider or an integrated care sub-contractor, the services are not provided during the same visit] and at the same premises at which the primary medical services[F10, primary ophthalmic services] or primary dental services which lead to the referral by a medical practitioner[F11, ophthalmic practitioner] or dental practitioner are provided.]
(2) In these Regulations “NHS foreign travel expenses” means the travel expenses which a person necessarily incurs in travelling abroad from a port in Great Britain in order to receive services pursuant to arrangements made [F12under the 2006 Act by a health service body or a local authority [F13or pursuant to an integrated care provider contract].]
(3) NHS travel expenses and NHS foreign travel expenses include the travel expenses of a companion in a case where the person to whom services are provided is either—
(a)a child; or
(b)a person whose medical condition is such that, in the opinion of a doctor involved in the provision of the services or, where appropriate, another health care professional so involved, a companion is necessary.
(4) A person who wishes to rely on entitlement to NHS travel expenses must—
(a)unless he is a person who by virtue of regulation 5(1) is not required to make such a claim, make a claim to entitlement under regulation 7; and
(b)make an application for payment of travel expenses under regulation 10.
(5) The amount of any NHS travel expenses to which a person is entitled under these Regulations—
(a)must be calculated by reference to the cost of travelling by the cheapest means of transport which is reasonable having regard to the person’s age, medical condition and any other relevant circumstances; and
(b)where travel is by private car, may include a mileage allowance[F14, road and toll charges] and car parking expenses.
(6) A person is entitled to payment of NHS foreign travel expenses only [F15where the health service body, local authority or arranger of ICP services] which made the arrangements for the provision of services abroad agrees the mode and cost of travel and the necessity or otherwise for a companion before the costs are incurred.
Textual Amendments
F1Reg. 3(1)(a)(ii) omitted (1.4.2013) by virtue of The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 18(2)
F2Words in reg. 3(1)(a) substituted (1.4.2008) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2008 (S.I. 2008/571), regs. 1(1), 10(2)
F3Words in reg. 3(1)(b) substituted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 18(3)
F4Words in reg. 3(1)(b) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 4(2)
F5Reg. 3(1A) inserted (1.4.2008) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2008 (S.I. 2008/571), regs. 1(1), 10(3)
F6Words in reg. 3(1A) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 4(3)(a)
F7Words in reg. 3(1A)(a) inserted (1.8.2008) by The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 (S.I. 2008/1700), reg. 1(2), Sch. 1 para. 10(a)
F8Words in reg. 3(1A)(b) inserted (1.8.2008) by The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 (S.I. 2008/1700), reg. 1(2), Sch. 1 para. 10(b)
F9Words in reg. 3(1A)(c) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 4(3)(b)
F10Words in reg. 3(1A)(c) inserted (1.8.2008) by The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 (S.I. 2008/1700), reg. 1(2), Sch. 1 para. 10(a)
F11Words in reg. 3(1A)(c) inserted (1.8.2008) by The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008 (S.I. 2008/1700), reg. 1(2), Sch. 1 para. 10(b)
F12Words in reg. 3(2) substituted (1.4.2013) by The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013 (S.I. 2013/475), regs. 1(2), 18(4)
F13Words in reg. 3(2) inserted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 4(4)
F14Words in reg. 3(5)(b) inserted (1.4.2008) by The National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2008 (S.I. 2008/571), regs. 1(1), 10(4)
F15Words in reg. 3(6) substituted (1.4.2019) by The Amendments Relating to the Provision of Integrated Care Regulations 2019 (S.I. 2019/248), regs. 1(1), 4(5)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: