The National Health Service (Charges to Overseas Visitors) Regulations 2015

Overseas visitors detained in hospital or subject to court ordered treatment

18.  No charge may be made or recovered in respect of relevant services provided to an overseas visitor—

(a) who is liable to be detained in a hospital, received into guardianship or subject to a community treatment order under the Mental Health Act 1983(1);

(b) who is detained in a hospital in circumstances which amount to deprivation of the overseas visitor’s liberty and that deprivation of liberty is authorised under any of the following provisions of the Mental Capacity Act 2005(2)—

(i) section 4A (restriction on deprivation of liberty)(3);

(ii) section 4B (deprivation of liberty necessary for life-sustaining treatment etc)(4);

(iii) section 16 (powers to make decisions and appoint deputies: general); or

(iv) Schedule A1 (hospital and care home residents: deprivation of liberty)(5);

(c) whose detention in hospital is authorised by any other enactment authorising detention in a hospital; or

(d) who is required to submit to a specified form of treatment that is imposed by, or included in, an order of a court and paragraph (a), (b) or (c) does not apply.

(1)

1983 c. 20. Section 17A(3) of the Mental Health Act 1983, which was inserted by section 32(1) and (2) of the Mental Health Act 2007 (c. 12) (“the 2007 Act”), defines “community treatment order” for the purposes of that Act.

(2)

2005 c. 9.

(3)

Section 4A was inserted by the 2007 Act, section 50(1) and (2).

(4)

Section 4B was inserted by the 2007 Act, section 50(1) and (2).

(5)

Schedule A1 was inserted by the 2007 Act, Schedule 7.