Healthcare (European Economic Area and Switzerland Arrangements) Act 2019

2 Healthcare and healthcare agreements U.K.

(1) The Secretary of State may by regulations make provision—

(a) in relation to the exercise of the power conferred by section 1;

(b) for and in connection with the provision of healthcare in an EEA state or Switzerland;

(c) to give effect to a healthcare agreement.

(2) Regulations under subsection (1) may only do one or more of the following things—

(a) specify or describe levels of payments and how they are to be calculated;

(b) specify or describe persons in respect of whom payments and provision may be made;

(c) specify or describe the types of healthcare in respect of which payments and provision may be made;

(d) make provision about set-off arrangements between countries or territories;

(e) make provision about reimbursement levels (which may include caps);

(f) specify or describe evidential or administrative requirements or processes;

(g) make provision about appeals;

(h) confer functions (including conferring a discretion);

(i) provide for the delegation of functions.

(3) But regulations under subsection (1) may not confer functions on, or provide for the delegation of functions to, a person who is not a public authority.

(4) The Secretary of State may give directions to a person about the exercise of any functions exercisable by the person by virtue of regulations under subsection (1).

(5) The Secretary of State may vary or revoke directions given under subsection (4).

(6) In this section “public authority” means a person who exercises functions of a public nature (but does not include a person who does so only because of exercising functions on behalf of another).

(7) No regulations may be made under subsection (1)(a) or (b) after the end of the period of five years beginning with exit day.