OpenLegislation

Section 39 Related provision: charges for health servicesI1C1

(1)

A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain or persons not ordinarily resident in Northern Ireland includes (without prejudice to the generality of that reference) a reference to—

(a)

persons who require leave to enter or remain in the United Kingdom but do not have it, and

(b)

persons who have leave to enter or remain in the United Kingdom for a limited period F1unless that leave was granted by virtue of residence scheme immigration rules.

(2)

The “NHS charging provisions” are—

(a)

section 175 of the National Health Service Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);

(b)

section 124 of the National Health Service (Wales) Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);

(c)

section 98 of the National Health Service (Scotland) Act 1978 (charges in respect of persons not ordinarily resident in Great Britain);

(d)

Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).

F2(3)

For the purposes of subsection (1) “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

Annotations

Textual amendments

F1

Words in s. 39(1)(b) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 20(4)(a)

F2

S. 39(3) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 20(4)(b)

Modifications

C1

S. 39 extended (with modifications) (Isle of Man) (4.2.2026) by S.I. 2008/680, art. 22, Sch. 9A para. A4B (as amended by The Immigration (Isle of Man) (Amendment) Order 2026 (S.I. 2026/98), arts. 1(2), 3(2), 5)

Commencement

I1

S. 39 in force at 6.4.2015 by S.I. 2015/874, art. 2(a)