The Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations confer functions in relation to the provision of healthcare in EEA states and Switzerland (“member states”), including the making of payments in respect of such healthcare, as provided for by the Healthcare (European Economic Area and Switzerland Arrangements) Act 2019 (c. 14) (“the 2019 Act”). These Regulations also make provision to give effect to agreements and arrangements relating to the provision of such healthcare (“healthcare arrangements”) and for related purposes.

Regulation 2 confers a duty on the NHS Business Services Authority (“the Authority”), subject to instructions given by the Secretary of State, to make payments under section 1 of the 2019 Act, and to assist the Secretary of State with the exercise of the Secretary of State’s functions in relation to making such payments, giving effect to healthcare arrangements and the provision of healthcare in member states.

Regulation 3 confers functions on the Authority and the Secretary of State for the purposes of giving effect to EU regulations (within the meaning of Article 288 of the Treaty on the Functioning of the European Union) relating to the provision of reciprocal healthcare. Those EU regulations were converted into domestic law by section 3 of the European Union (Withdrawal) Act 2018 (c. 16). They are continued with modifications, for certain purposes, by the Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/776), which were made under section 8 of that Act. The functions of the Authority and the Secretary of State under regulation 3 are subject to exceptions as set out in paragraphs (3) and (5).

Regulation 4 confers functions on the Authority and the Secretary of State for the purposes of giving effect to other healthcare arrangements which are included in a list maintained by the Secretary of State under regulation 8. The functions of the Authority and the Secretary of State are subject to exceptions as set out in paragraphs (3) and (5), including the determination of certain applications relating to planned treatment in member states.

Regulation 5 requires the Authority to establish an information and advice service.

Regulation 6 requires certain health boards in England, Wales, Scotland and Northern Ireland to determine applications relating to planned treatment in member states under healthcare arrangements, save for applications to give birth in a member state which fall to the Authority under regulation 4. Paragraph (3) enables the Secretary of State, the Scottish Ministers, the Welsh Ministers and the Department of Health in Northern Ireland to also determine applications relating to planned treatment.

Regulation 7 requires National Health Service bodies, certain health and social care bodies in Northern Ireland, and other providers of health services to exercise functions in accordance with healthcare arrangements.

Regulation 8 requires the Secretary of State to maintain and publish a list of healthcare arrangements for the purposes of these Regulations.

Regulation 9 makes transitional provision in relation to the end of healthcare arrangements.

An impact assessment has not been prepared for these Regulations. An assessment of the impact of the healthcare arrangements for whose implementation these Regulations provide will be carried out as appropriate and any such assessment will be available from the Department of Health and Social Care at 39 Victoria Street, London, SW1H 0EU.