2Healthcare and healthcare agreements

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.