- Statutory Instrument 2006 No. 3306
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2006
© Crown Copyright 2006
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2006, ISBN 0110754816. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 11th December 2006 | ||
| Laid before Parliament | 18th December 2006 | ||
| Coming into force | 15th January 2007 |
The Secretary of State for Health makes these Regulations in exercise of the powers conferred by sections 121 and 126(4) of the National Health Service Act 1977[1]:
Citation, commencement, application and interpretation
1. —(1) These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2006 and shall come into force on 15th January 2007.
(2) These Regulations apply in relation to England only.
(3) In these Regulations, "the principal Regulations" means the National Health Service (Charges to Overseas Visitors) Regulations 1989[2].
Amendment of regulation 4 of the principal Regulations
2. In regulation 4 of the principal Regulations (overseas visitors exempt from charges)—
-
(a) in paragraph (1), after sub-paragraph (p) insert—
-
"
; or
(q) who is working outside the United Kingdom as a missionary for an organisation that is established in the United Kingdom, regardless of whether he—
-
(i) derives a salary or wage from the organisation, or
(ii) receives any type of funding or assistance from the organisation for the purposes of working overseas for the organisation."; and
(b) for paragraph (4) substitute—
-
"
(4) No charge shall be made in respect of any services forming part of the health service provided for—
-
(a) in the case where sub-paragraph (g), (h), (i), (j) or (q) of paragraph (1) applies to an overseas visitor, the spouse, civil partner or child of the overseas visitor; or
(b) in the case where any other sub-paragraph applies to an overseas visitor, the spouse, civil partner or child of the overseas visitor, if the spouse, civil partner or child lives on a permanent basis with the overseas visitor in the United Kingdom.".
Amendment of Schedule 2 to the principal Regulations
3.
In Schedule 2 (countries or territories in respect of which the United Kingdom Government has entered into a reciprocal agreement), omit "Bulgaria", "Czech Republic", "Hungary", "Malta", "Poland", "Romania" and "Slovak Republic".
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State for Health Department of Health
11th December 2006
(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 making and recovery of charges in respect of certain services provided under the National Health Service Act 1977 to certain persons not ordinarily resident in the United Kingdom (overseas visitors).
Regulation 2 amends regulation 4(1) of the principal Regulations so as to extend the exemption from charges to overseas visitors, to an overseas visitor who is a missionary. Regulation 2 also substitutes regulation 4(4) of the principal Regulations so as to provide that the spouse, civil partner or child of an overseas visitor to whom sub-paragraph (g), (h), (i), (j) or (q) of paragraph (1) of regulation 4 of the principal Regulations applies is also exempt from charges. However, in all other remaining cases, it continues to be a requirement that the spouse, civil partner or child of an overseas visitor also lives on a permanent basis with the overseas visitor in the United Kingdom in order to be exempt from charges.
Regulation 3 omits certain countries from the list in Schedule 2 to the principal Regulations, as these countries have now become (or will from 1st January 2007 become) part of the European Union and therefore overseas visitors from those countries will be dealt with under regulations 4(1)(m), 4A(1) and 5 of the principal Regulations.
Notes:
[1] 1977 (c.49). Section 121 was amended by the Health and Medicines Act 1988 (c.49), section 7(12) and (14). Section 126(4) was amended by the National Health Service and Community Care Act 1990 (c.19) ("the 1990"), section 65(2); the Health Act 1999 (c.8), section 65(1) and paragraphs 4 and 37(1) and (6) of Schedule 4; the Health and Social Care Act 2001 (c.15), section 67(1) and paragraph 5(1) and (13)(b), Part 1, of Schedule 5; the National Health Service Reform and Health Care Professions Act 2002 (c.17), sections 6(3)(c) and 37(1) and paragraphs 1 and 10(a) of Schedule 8; the Health and Social Care (Community Health and Standards) Act 2003 (c.43), section 184 and paragraphs 7 and 38 of Schedule 11 and section 196 and Part 4 of Schedule 14. The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). See section 128(1) of the National Health Service Act 1977, as amended by section 26 of the 1990 Act, for the meaning of "prescribed" and "regulations".back
[2] S.I.1989/306, as amended by S.I. 1991/438, 1994/1535, 2000/602, 2004/614 and 696 and 2005/2114.back
ISBN 0 11 075481 6