The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 1994
S.I. 1994/1535 · Made 9 June 1994
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made 9th June 1994
Laid before Parliament 10th June 1994
Coming into force 1st July 1994
The Secretary of State for Health, in exercise of powers conferred on her by section 121 of the National Health Service Act 1977f1 and of all other powers enabling her in that behalf, hereby makes the following Regulations:—
Annotations to the whole text
Footnotes
- f1
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1977 c. 49; section 121 was amended by section 7(12) and (14) of the Health and Medicines Act 1988 (c. 49); see section 128(1) (of the National Health Service Act 1977) for the definition of “regulations”.
Contents
- 1Citation, commencement and interpretation
- 2Amendment of regulation 1 of the principal Regulations
- 3Amendment of regulation 3 of the principal Regulations
- 4Amendment of regulation 4 of the principal Regulations
- 5Amendment of Schedules to principal Regulations
- Signature
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 1994 and shall come into force on 1st July 1994.
In these Regulations, “the principal Regulations” means the National Health Service (Charges to Overseas Visitors) Regulations 1989f1.
2Amendment of regulation 1 of the principal Regulations
Paragraph (2) of regulation 1 of the principal Regulations (citation, commencement and interpretation) shall be amended by the deletion in the definition of “member State” of the words “member State of the Communities” and the substitution of “State which is a Contracting Party to the Agreement on the European Economic Areaf1 but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein”.
3Amendment of regulation 3 of the principal Regulations
Regulation 3 of the principal Regulations (services exempted from charges) shall be amended by the insertion after the words “accident and emergency department” in paragraph (a) of the word “or”, and the deletion in that paragraph of the words “, or dental or ophthalmic emergency department”.
4Amendment of regulation 4 of the principal Regulations
Regulation 4 of the principal Regulations (overseas visitors exempt from charges) shall be amended—
by the insertion at the end of paragraph (o) of the word “; or”;
by the insertion after paragraph (o) of the following paragraph:—
“(p)who—
(i)is not a national of a Member State, and
(ii)is a national of a State which is a signatory to the European Social Charterf1, and
(iii)is not entitled to be provided with such services under a reciprocal agreement specified in Schedule 2, and
(iv)is without sufficient resources to pay the charge.”.
5Amendment of Schedules to principal Regulations
In Schedule 1 to the principal Regulations (diseases for the treatment of which no charge is to be made)—
Part I (notifiable diseases) shall be amended by the insertion after “Cholera” of “Food poisoning”;
Part II (diseases to which public health enactments applied) shall be amended by—
the deletion of the entries “Acute meningitis”, “Infective jaundice”, “Lassa fever” and “Marburg disease”f1;
the insertion in the appropriate places in the alphabetical order, of the following entries:—
“Meningitis
Meningococcal Septicaemia (without meningitis)
Mumps
Rubella
Viral hepatitis”.
Schedule 2 to the principal Regulations (countries or territories in respect of which the United Kingdom Government has entered into a reciprocal agreement) shall be amended by—
the deletion of the entries “Austria”, “Czechoslovakia”, “Finland” and “Norway”;
the insertion in the appropriate places in the alphabetical order, of the following entries:—
“Barbados
Czech Republic
Russian Federation
Slovak Republic”; and
the insertion at the end of the entry “Union of Soviet Socialist Republics” of the words “except the States of Estonia, Latvia, Lithuania and the Russian Federation”.
Signature
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th June 1994
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the National Health Service (Charges to Overseas Visitors) Regulations 1989 (“the principal Regulations”) which provide for the payment of charges for accommodation, services and other facilities provided as part of the health service in respect of persons not ordinarily resident in the United Kingdom (“overseas visitors”).
Regulation 2 amends the definition in the principal Regulations of “member State” to refer to a State which is a Contracting Party to the Agreement on European Economic Area (“the EEA”), which came into existence on 1st January 1994, and extended the European Community provisions on freedom of movement and rights of residence to EEA nationals resident in the EEA.
Regulation 3 amends regulation 3(a) of the principal Regulations by removing services provided in a dental or ophthalmic emergency department from the category of services for which no charge may be made to overseas visitors.
Regulation 4 amends regulation 4 of the principal Regulations (overseas visitors exempt from charges) by inserting an additional exemption from charging in respect of certain nationals of states which are not states of the European Communities or the European Economic Area but are signatories to the European Social Charter.
Regulation 5(1) amends the lists, in Schedules 1 and 2 to the principal Regulations, of diseases for the treatment of which no charge is to be made, and regulation 5(2) makes amendments to the lists, in Schedule 2 to the principal Regulations, of countries and territories in respect of which the United Kingdom Government has entered into a reciprocal agreement for the provision of health services.