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

Statutory Instruments

2020 No. 654

National Health Service, England

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

Made

29th June 2020

Laid before Parliament

30th June 2020

Coming into force

24th August 2020

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 2006(1).

Citation and commencement

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

(2) These Regulations come into force on 24th August 2020.

Insertion of regulation 14C into the National Health Service (Charges to Overseas Visitors) Regulations 2015

2.  After regulation 14B of the National Health Service (Charges to Overseas Visitors) Regulations 2015(2), insert—

“Family members of British citizens of Northern Ireland

14C.— (1) No charge may be made or recovered in respect of relevant services provided to an overseas visitor who—

(a) is ordinarily resident in the United Kingdom (disregarding section 39 of the Immigration Act 2014(3) (immigration health charge related provision: charges for health services));

(b) has leave to enter or remain under Appendix EU to the immigration rules(4) granted on the basis of a relationship with a relevant person of Northern Ireland; and

(c) would, at the date of assessment of whether a charge under these Regulations falls to be made, have a right to reside in accordance with the Immigration (European Economic Area) Regulations 2016(5), disregarding that the relevant person of Northern Ireland is not included in the definition of “EEA national” in regulation 2 (general interpretation).

(2) In paragraph (1), “relevant person of Northern Ireland” has the meaning given in Appendix EU to the immigration rules.”.

Signed by the authority of the Secretary of State for Health and Social Care.

Edward Argar

Minister of State,

Department of Health and Social Care

29th June 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations insert provision into the National Health Service (Charges to Overseas Visitors) Regulations 2015 (S.I. 2015/238) which provides an exemption from charges in respect of relevant services provided under the NHS Act 2006 for family members of persons of Northern Ireland granted leave to enter or remain in the United Kingdom in accordance with Appendix EU of the Immigration Rules.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2006 c. 41. By virtue of section 271(1) of the National Health Service Act 2006, the powers of the Secretary of State exercised in making these Regulations are exercisable only in relation to England.

(2)

S.I. 2015/238. Regulation 14B was inserted by S.I. 2019/516, regulation 7.

(3)

2014 c.22.

(4)

Appendix EU was amended by the statement of changes in immigration rules presented to Parliament on 14th May 2020 (CPC 232).

(5)

S.I.2016/1052, amended by S.I. 2017/1 and 1242, 2018/801 and 2019/468, 745 and 1155.