The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019

PART 2 Amendments to primary legislation

The Health and Social Security Act 1984

2.—(1) The Health and Social Security Act 1984(1) is amended as follows.

(2) Omit section 10 (reimbursement of cost of medical and maternity treatment in member States of European Economic Community).

(3) In section 26(4) (extent) omit “section 10”.

The National Health Service Act 2006

3.  In the NHS Act 2006 omit the following provisions—

(a) section 6A (reimbursement of cost of services provided in another EEA state)(2);

(b) section 6B (prior authorisation for the purposes of section 6A)(3);

(c) section 6BA (reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013)(4);

(d) section 6BB (prior authorisation for the purposes of section 6BA)(5);

(e) section 6D (regulations relating to EU obligations)(6);

(f) section 6E(7)(b) (regulations as to the exercise of functions by the Board or clinical commissioning groups)(7);

(g) section 183(a)(ii) (payment of travelling expenses)(8);

(h) the definition of “Regulation (EC) No. 883/2004” in section 275(1) (interpretation)(9) except in so far as it relates to section 183(a)(iii).

The National Health Service (Wales) Act 2006

4.—(1) The NHS (Wales) Act is amended as follows.

(2) In section 46 (GMS contracts: prescription of drugs, etc)—

(a) in subsection (3), for “Community marketing authorization or United Kingdom” substitute “UK”;

(b) for subsection (4) substitute—

“(4) “UK marketing authorisation” has the meaning given by regulation 8(1) of the Human Medicines Regulations 2012 (S.I. 2012/1916).”.

(3) Omit the following provisions—

(a) section 6A (reimbursement of cost of services provided in another EEA state)(10);

(b) section 6B (prior authorisation for the purposes of section 6A)(11);

(c) section 6BA (reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013)(12);

(d) section 6BB (prior authorisation for the purposes of section 6BA)(13);

(e) section 131(a)(ii) (payment of travelling expenses)(14);

(f) the definition of “Regulation (EC) No. 883/2004” in section 206(1) (interpretation)(15) except in so far as it relates to section 131(a)(iii).

The Health and Social Care Act 2012

5.  In the Health and Social Care Act 2012(16) omit the following provisions—

(a) section 124(9) (local modifications of prices: agreements);

(b) section 125(9) (local modifications of prices: applications).

The Cities and Local Government Devolution Act 2016

6.  In the Cities and Local Government Devolution Act 2016(17) omit section 18(2)(b) (devolving health service functions).

(1)

1984 c.48. Functions under section 10 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, S.I. 1999/672; those functions are now exercisable by the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32).

(2)

Section 6A was inserted by S.I. 2010/915 and amended by paragraph 3 of Schedule 4 to the Health and Social Care Act 2012 (c.7) (“the 2012 Act”) and S.I. 2013/2269.

(3)

Section 6B was inserted by S.I. 2010/915 and amended by paragraph 4 of Schedule 4 to the 2012 Act.

(4)

Section 6BA was inserted by S.I. 2013/2269.

(5)

Section 6BB was inserted by S.I. 2013/2269.

(6)

Section 6D was inserted by section 19 of the 2012 Act.

(7)

Section 6E was inserted by section 20 of the 2012 Act.

(8)

Section 183(a) was substituted by S.I. 2010/915 and amended by paragraph 98 of Schedule 4 to the 2012 Act and by S.I. 2013/2269.

(9)

The definition was inserted by S.I. 2010/915.

(10)

Section 6A was inserted by S.I. 2010/915 and amended by S.I. 2013/2269.

(11)

Section 6B was inserted by S.I. 2010/915 and amended by S.I. 2013/2269.

(12)

Section 6BA was inserted by S.I. 2013/2269.

(13)

Section 6BB was inserted by S.I. 2013/2269.

(14)

Section 131(a) was substituted by S.I. 2010/915 and amended by S.I. 2013/2269.

(15)

The definition was inserted by S.I. 2010/915.

(16)

2012 c.7.

(17)

2016 c.1.