The National Health Service (Charges to Overseas Visitors) (Amendment) (EU Exit) (No. 2) Regulations 2020

Madeat 1.47 p.m. on 31st December 2020

Laid before Parliamentat 2.45 p.m. on 31st December 2020

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 175 and 272(7) and (8) of the National Health Service Act 20061.

Citation and commencement1.

(1)

These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) (EU Exit) (No. 2) Regulations 2020.

(2)

These Regulations come into force on IP Completion Day.

Amendment of the National Health Service (Charges to Overseas Visitors) Regulations 20152.

The National Health Service (Charges to Overseas Visitors) Regulations 20152 are amended in accordance with regulations 3 and 4.

New regulation 12A3.

After regulation 12 insert—

“Overseas visitors with Trade and Cooperation Agreement rights12A.
(1)
No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who has an entitlement to the provision of those services without charge by virtue of a right arising from the SSC Protocol provisions of the Trade and Cooperation Agreement.
(2)
In paragraph (1), “the SSC Protocol” has the same meaning as in section 26(5) of the European Union (Future Relationship) Act 20203 (“the 2020 Act”) and “the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the 2020 Act.”.

Amendment of Schedule 24.

In Schedule 24 in the appropriate alphabetical positions insert “Ireland” and “Norway”.

Nadhim Zahawi

Parliamentary Under Secretary of State

Department of Health and Social Care

At 1.47 p.m. on 31st December 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Charges to Overseas Visitors) Regulations 2015 (S.I. 2015/238) (“the Principal Regulations”) which provide for the making and recovery of charges for relevant services provided under the National Health Service Act 2006 (c. 41) to certain persons not ordinarily resident in the United Kingdom.

Regulation 3 inserts regulation 12A into the Principal Regulations to provide that persons who are in scope of the SSC Protocol provisions of the Trade and Cooperation Agreement are able to receive relevant services without charge where there is a right arising from the agreement.

Regulation 4 inserts Ireland and Norway into the list of countries in Schedule 2 to the Principal Regulations, meaning that no charges may be made or recovered in respect of relevant services provided to an overseas visitor where the provision of those services is covered by that reciprocal agreement.