The National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) (EU Exit) Regulations 2021
Title and commencement1.
(1)
The title of these Regulations is the National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) (EU Exit) Regulations 2021.
(2)
These Regulations come into force on 26 March 2021.
Amendment of the National Health Service (Charges to Overseas Visitors) Regulations 19892.
Insertion of regulation 4E3.
“Overseas visitors with Trade and Cooperation Agreement Rights4E.
(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 2 (countries or territories in respect of which the United Kingdom Government has entered into a reciprocal arrangement), in the appropriate places insert “Ireland” and “Norway”.
These Regulations amend the National Health Service (Charges to Overseas Visitors) Regulations 1989 (“the principal Regulations”), which provide for the making and recovery of charges for relevant services provided under the National Health Service (Wales) Act 2006 (c. 42) to certain persons not ordinarily resident in the United Kingdom.
Regulation 3 inserts regulation 4E into the principal Regulations to provide that persons who are within the 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.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health and Social Services, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.