The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989

Overseas visitors exempt from charges S

[F1 4.— (1)] No charge shall be made in respect of any services forming part of the health service provided for an overseas visitor, being a person or the spouse [F2 , civil partner] or child of a person—

(a) who is shown to the satisfaction of the Health Board to be present in the United Kingdom or in a designated area of the Continental Shelf or, if his employer has his principal place of business in the United Kingdom, in or over any area of the Continental Shelf, or on a stationary structure within the territorial waters of the United Kingdom, for the purpose of—

(i) engaging in employment as an employed or self-employed person; or

(ii) working as a volunteer with a voluntary organisation that is providing a service similar to a relevant service as defined in sections 64(3)(b) and 65(3)(c) of the Health Services and Public Health Act 1968(1), in section 16B of the Act(2) or service to which article 71 of the Health and Personal Social Services (Northern Ireland) Order 1972(3) applies; or

F3 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) taking up permanent residence in the United Kingdom; or

(b) who has resided [F4 lawfully] in the United Kingdom for a period of not less than one year immediately preceding the time when the services are provided, whether or not immediately prior to [F5 this residence qualification being met], charges under these Regulations may have been made in respect of services provided as part of the same course of treatment; or

(c) who has been accepted as a refugee in the United Kingdom, or who has made a formal application for leave to stay as a refugee in the United Kingdom; or

[F6 (ca) who is a stateless person or a refugee or a member of the family of a stateless person or a refugee resident in each case in the territory of an EEA State or Switzerland; or]

(d) who is employed on a ship or vessel registered in the United Kingdom; or

(e) who is in receipt of any pension or other benefit under a Personal Injuries Scheme, Service Pensions Instrument or a 1914-1918 War Injuries Scheme as defined in regulation 2(1) of the Social Security (Overlapping Benefits) Regulations 1979(4); or

(f) who is a diplomatic agent for the purposes of the Articles of the Vienna Convention on Diplomatic Relations set out in Schedule 1 to the Diplomatic Privileges Act 1964(5); or

(g) who is a member of Her Majesty’s United Kingdom Forces; or

(h) who is some other Crown servant employed in the right of Her Majesty’s Government of the United Kingdom, having been recruited in the United Kingdom; or

(i) who is an employee, recruited in the United Kingdom, of the British Council or the Commonwealth War Graves Commission; or

(j) who is working in employment that is financed in part by the Government of the United Kingdom in accordance with arrangements made with the Government of some other country or territory or a public body in such other country or territory; or

(k) who has at any time had not less than ten years' continuous [F7 lawful] residence in the United Kingdom and is engaged in employment as an employed or self-employed person outside the United Kingdom—

(i) that has not lasted for a period of five years; or

(ii) that has lasted for five or more years, if he takes or has a contractual right to take home leave in the United Kingdom at least once in every two years or if he has a right, under the contract by which he was engaged, to have the cost of his passage to the United Kingdom paid on completion of his engagement; or

(l) who is employed in [F8 an] [F9 EEA State] and who is contributing as an employed or self-employed earner under the Social Security Act 1975(6) or the Social Security (Northern Ireland) Act 1975(7); or

F10 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) whose detention in prison or in an institution provided by the Secretary of State under section 31(1) of the Prisons (Scotland) Act 1952(8) is for the time being authorised by law; or who is detained under the provisions of the Immigration Act 1971(9); or

(o) in whose case the services are provided in circumstances covered by a reciprocal agreement with a country or territory specified in Schedule 2 [F11 ; or]

[F12 (p) who–

(i) is not a national of [F13 an EEA State] [F14 which has entered into a reciprocal agreement which comes into effect on or after IP completion day]; and

(ii) is a national of a State which is a signatory to the European Social Charter; 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 [F15 ; F16 ...]]

[F17 (q) who is pursuing a full time course of study][F18 ; or

(r) who the competent authorities of the United Kingdom within the meaning of the Council of Europe Convention on Action Against Trafficking in Human BeingsF19 (in this regulation “the Convention”),

(i) consider that there are reasonable grounds to believe is a victim within the meaning of Article 4 of the Convention, and the recovery and reflection period in relation to him under Article 13 of the Convention has not yet expired; or

(ii) have identified as a victim within the meaning of Article 4 of the Convention.]

[F20 (2) Where it is established that a person does not meet the residence qualification in paragraph (1)(b) and that person has already received services as part of a course of treatment on the basis that no charges would be made, no charges may be made for the remainder of that course of treatment.]

Textual Amendments

F1 Reg. 4(1) substituted for reg. 4 (28.9.2004) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/369), regs. 1(1), 3(1)(a)

F2 Words in reg. 4(1) inserted (5.12.2005) by The Civil Partnership Act 2004 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/572), arts. 1, 6

F3 Reg. 4(a)(iii) revoked (4.3.1998) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 1998 (S.I. 1998/251), regs. 1(1), 2(1)(a)

F4 Word in reg. 4(1)(b) inserted (28.9.2004) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/369), regs. 1(1), 3(1)(b)(i)

F5 Words in reg. 4(1)(b) substituted (28.9.2004) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/369), regs. 1(1), 3(1)(b)(ii)

F6 Reg. 4(1)(ca) inserted (31.12.2020) by The National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) (EU Exit) Regulations 2019 (S.S.I. 2019/333), regs. 1(2), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in reg. 4(1)(k) inserted (28.9.2004) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/369), regs. 1(1), 3(1)(c)

F8 Word in reg. 4(1)(l) substituted (31.12.2020) by The National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) (EU Exit) Regulations 2019 (S.S.I. 2019/333), regs. 1(2), 3(3); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 4(1)(l) substituted (1.7.2013) by The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 (S.S.I. 2013/177), reg. 1(1), sch. para. 6(b)(i)

F10 Reg. 4(1)(m) omitted (31.12.2020) by virtue of The National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) (EU Exit) Regulations 2019 (S.S.I. 2019/333), regs. 1(2), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

F11 Word in reg. 4(o) inserted (3.8.1994) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 1994 (S.I. 1994/1770), regs. 1(1), 4(a)

F12 Reg. 4(p) inserted (3.8.1994) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 1994 (S.I. 1994/1770), regs. 1(1), 4(b)

F13 Words in reg. 4(1)(p) substituted (1.7.2013) by The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 (S.S.I. 2013/177), reg. 1(1), sch. para. 6(b)(ii)

F14 Words in reg. 4(1)(p)(i) inserted (31.12.2020) by The National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) (EU Exit) Regulations 2019 (S.S.I. 2019/333), regs. 1(2), 3(5); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in reg. 4(p) inserted (4.3.1998) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 1998 (S.I. 1998/251), regs. 1(1), 2(1)(b)

F16 Word in reg. 4(1)(p)(iv) omitted (6.10.2008) by virtue of The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/290), regs. 1(1), 2(4)(a)

F17 Reg. 4(q) inserted (4.3.1998) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 1998 (S.I. 1998/251), regs. 1(1), 2(1)(c)

F18 Reg. 4(1)(r) and word inserted (6.10.2008) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/290), regs. 1(1), 2(4)(b)

F19 The Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197).

F20 Reg. 4(2) inserted (28.9.2004) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/369), regs. 1(1), 3(2)

Commencement Information

I1 Reg. 4 in force at 5.4.1989, see reg. 1(1)

(1)

1968 c. 46; section 64 ceased to have effect with regard to Scotland by virtue of section 3 of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), and was amended by S.I. 1968/1699, by the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 125(2) and by the Health Services Act 1980 (c. 53), Schedule 1, paragraph 19(1)(4).

(2)

Section 16B was inserted by the 1983 Act, section 3.

(3)

S.I. 1972/1265 (N.I. 14).

(4)

S.I. 1979/597; the relevant amending instrument is S.I. 1980/1927

(5)

1964 c. 81

(6)

1975 c. 14

(7)

1975 c. 15

(8)

1952 c. 61; section 31(1) was amended by the Criminal Justice (Scotland) Act 1963 (c. 39), section 2(1) and Schedule 5, and by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 7, paragraph 3(a).

(9)

1971 c. 77