Explanatory note

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 amends regulation 2 of the Principal Regulations to insert definitions of “competent institution”, “equivalent document”, “Regulation (EC) No 883/2004” and “Regulation (EEC) 1408/71.

Regulation 4 amends regulation 7 of the Principal Regulations as a result of the United Kingdom’s exit from the European Union. The amendments will mean that where an overseas visitor from an EEA state or Switzerland is chargeable for relevant services, they will pay the same charge for those services as other overseas visitors. It also inserts paragraph (3A) which provides that where an overseas visitor from an EEA state or Switzerland has either received treatment before IP completion day or is part way through a course of treatment on IP completion day, the charge which applied before IP completion day will apply in respect of that treatment.

Regulation 5 amends regulation 10 of the Principal Regulations to provide that where a person with an S2 healthcare certificate is given leave to remain in the United Kingdom for longer than 6 months for the purposes of their treatment, and has the immigration health charges waived, charges can be made for the provision of relevant services that are not authorised by the S2 healthcare certificate.

Regulation 6 substitutes regulation 12 of the Principal Regulations to provide that persons who are in scope of Title III of Part 2 of the withdrawal agreement, Title III of Part 2 of the EEA EFTA separation agreement or the Swiss citizens’ rights agreement are able to continue to receive relevant services without charge where there is a right to this under Regulation (EU) No 883/2004.

Regulation 7 substitutes regulation 13 of the Principal Regulations to provide that an individual in receipt of a United Kingdom state pension who is ordinarily resident in an EEA state or Switzerland and who has a United Kingdom issued S1 healthcare certificate (or equivalent document) will receive relevant services without charge. Regulation 8(a) amends regulation 25 to provide that the family members of such a person will also be entitled to receive relevant services without charge.

Regulation 7 also inserts regulation 13A into the Principal Regulations to provide that a person who makes a late application under Appendix EU to the immigration rules will not be charged for relevant services which are provided while their application is being determined. If that application is unsuccessful they will be charged for the provision of those relevant services and, if an application is successful and if charges have been made and recovered since the application was made, these will be repaid.

Regulation 8 amends regulation 25 of the Principal Regulations consequential on the substitution of regulations 12 and 13. The amendments also provide that the family members of an overseas visitor who has rights under the withdrawal agreement, the EEA EFTA separation agreement and the Swiss Citizens’ rights agreement will not be chargeable for relevant services when they themselves do not have a rights under any of those agreements by reason of them not being recognised as a member of the family under Regulation (EC) No 883/2004.

Regulation 9 inserts the Faroe Islands to 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, and makes other minor amendments to Schedule 2.

Regulation 10 revokes the National Health Service (Charges to Overseas Visitors) (Amendment etc.) (EU Exit) Regulations 2019.

An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published with this instrument on https://www.legislation.gov.uk/ and copies can be obtained from the Department of Health and Social Care, 39 Victoria Street, London SW1H 0UE.