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

S.I. 2020/1659 · Made 31 December 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

National Health Service, England

Made at 1.47 p.m. on 31st December 2020

Laid before Parliament at 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 2006f1.

Annotations to the whole text

Footnotes

f1

2006 c. 41. There are amendments to section 272, none of which are relevant to these Regulations.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the National Health Service (Charges to Overseas Visitors) Regulations 2015
  3. 3New regulation 12A
  4. 4Amendment of Schedule 2
  5. Signature
  6. Explanatory note

1Citation and commencement

(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.

2Amendment of the National Health Service (Charges to Overseas Visitors) Regulations 2015

The National Health Service (Charges to Overseas Visitors) Regulations 2015f1 are amended in accordance with regulations 3 and 4.

3New regulation 12A

After regulation 12 insert—

“Overseas visitors with Trade and Cooperation Agreement rights

12A.
(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 2020f1 (“the 2020 Act”) and “the Trade and Cooperation Agreement” has the same meaning as in section 37(1) of the 2020 Act.”.

4Amendment of Schedule 2

In Schedule 2f1 in the appropriate alphabetical positions insert “Ireland” and “Norway”.

Signature

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.