PART 7

Miscellaneous and general

Medical evidence of domestic abuse

Prohibition on charging for the provision of medical evidence of domestic abuse
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1
No person may charge a fee or any other remuneration for the preparation or provision of relevant evidence relating to an assessment of an individual carried out by a relevant health professional in England or Wales under a qualifying medical services contract.
2
No person may charge a fee or any other remuneration for the preparation or provision of relevant evidence relating to an individual by a relevant health professional in England or Wales if the services provided by the relevant health professional are wholly or mainly services provided under a qualifying medical services contract.
3
In this section “relevant evidence”, in relation to an individual, means—
a
evidence that the individual is, or is at risk of being, a victim of domestic abuse which is intended to support an application by the individual for civil legal services, or
b
any other evidence that the individual is, or is at risk of being, a victim of domestic abuse which is of a description specified in regulations made by the Secretary of State.
4
In this section “relevant health professional” means—
a
a medical practitioner licensed to practise by the General Medical Council;
b
a health professional registered to practise in the United Kingdom by the Nursing and Midwifery Council;
c
a paramedic registered to practise in the United Kingdom by the Health and Care Professions Council.
5
In this section “qualifying medical services contract” means—
a
in relation to England—
i
a general medical services contract made under section 84(2) of the National Health Service Act 2006;
ii
any contractual arrangements made under section 83(2) of that Act;
iii
an agreement made under section 92 of that Act;
b
in relation to Wales—
i
a general medical services contract made under section 42(2) of the National Health Service (Wales) Act 2006;
ii
any contractual arrangements made under section 41(2)(b) of that Act;
iii
an agreement made under section 50 of that Act.
6
The appropriate national authority may by regulations amend the definition of—
a
“relevant health professional”;
b
“qualifying medical services contract”.
7
In this section—
- “appropriate national authority” means—
  1. in relation to England, the Secretary of State;
  2. in relation to Wales, the Welsh Ministers;
- “assessment” includes a consultation, whether in person or otherwise;
- “civil legal services” has the meaning given by section 8 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
8
Subsections (1) and (2) do not apply in relation to anything done by a relevant health professional before the coming into force of this section.