{
  "url": "https://openlegislation.uk/national-health-service-charges-to-overseas-visitors-scotland-amendment-eu-exit-regulations-2019/note",
  "json_url": "https://openlegislation.uk/national-health-service-charges-to-overseas-visitors-scotland-amendment-eu-exit-regulations-2019/note.json",
  "legislation": "ssi/2019/333",
  "legislation_title": "The National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/national-health-service-charges-to-overseas-visitors-scotland-amendment-eu-exit-regulations-2019",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 (“the Principal Regulations”) which provide for the making and recovery of charges for health services provided to certain persons who are not ordinarily resident in the United Kingdom.\nThe Regulations come into force on exit day and make changes consequential on the United Kingdom’s exit from the European Union. Regulation 2 makes amendments to definitions in the Principal Regulations. Regulation 5 introduces new regulation 4B to the Principal Regulations to provide that no charge may be made for treatment provided to overseas visitors from EEA States which have entered into a reciprocal healthcare agreement which comes into effect on or after exit day. Regulations 3 and 4 make consequential amendments.\nRegulations 6 and 7 make amendments to the Principal Regulations which provide for exemptions for charges for treatment the need for which arose during an individual’s visit.\nRegulation 7 introduces new regulations 5A, 5B and 5C to the Principal Regulation. New regulation 5A exempts from charges overseas visitors who are resident in the Republic of Ireland and are Irish or British citizens. New regulation 5B provides an exemption for frontier workers in the UK. New regulation 5C provides an exemption for overseas visitors resident in an EEA State which applies where no reciprocal arrangement is in place.\nRegulation 8 introduces new regulations 6B and 6C to the Principal Regulations. Regulation 6B provides an exemption for those visitors who are ordinarily resident in an EEA State or Switzerland and hold a valid UK reciprocal healthcare document (an S1 or A1 healthcare certificate, a European Health Insurance Card or equivalent document) or would have been eligible to do so if, when the treatment was provided, exit day had not occurred. Regulation 6C provides exemptions from charges which will apply on a transitional basis to overseas visitors from an EEA State or Switzerland in specified circumstances. Paragraph (1) exempts services forming part of a course of treatment which was authorised before exit day in accordance with Regulation (EC) No 883/2004 or Regulation (EEC) No 1408/71. Paragraph (2) provides exemptions for charges for services which are provided before 31 December 2020 for EEA and Swiss nationals and their family members who live in the United Kingdom, are not ordinarily resident for the purposes of the Principal Regulations but are eligible for leave to remain in the United Kingdom by virtue of the Appendix EU to the immigration rules.\nRegulation 9 substitutes the list of entries in schedule 2 of the Principal Regulations which specifies those countries or territories which have entered into a reciprocal agreement with the United Kingdom.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2019/333/note",
    "retrieved_at": "2026-10-28T21:05:33.290424+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}