3.—(1) A relevant NHS body must make and recover charges from the person liable under regulation 4 where it provides an overseas visitor with relevant services and the condition specified in paragraph (2) applies.
(2) The condition specified in this paragraph is that the relevant NHS body having made such enquiries as it is satisfied are reasonable in all the circumstances, including in relation to the state of health of that overseas visitor, determines that the case is not one in which these Regulations provide for no charge to be made.
(3) A relevant NHS body that makes and recovers a charge in accordance with paragraph (1), must give or send to the person making the payment a receipt for the amount paid.
(4) Where—
(a)a relevant NHS body has determined that an overseas visitor is exempt from being charged for relevant services under these Regulations;
(b)that overseas visitor has received relevant services from a relevant NHS body as part of a course of treatment; and
(c)prior to the course of treatment being completed, a relevant NHS body determines that that overseas visitor is no longer exempt from being charged for relevant services under these Regulations
a relevant NHS body may not make and recover charges under paragraph (1) in respect of relevant services provided as part of that course of treatment during a period where the overseas visitor has remained in the United Kingdom without absence.
(5) Paragraph (4) does not apply where a relevant NHS body determines that a person is exempt from being charged for relevant services as a result of receiving fraudulent or misleading information.
4.—(1) The person liable to pay charges under these Regulations is, unless paragraph (2), (3) or (4) applies, the overseas visitor in respect of whom the relevant services are provided.
(2) Where an overseas visitor is employed to work on and for the purposes of a ship or vessel and is present in the United Kingdom in the course of such employment, the person liable to pay charges under these Regulations is the owner of the ship or vessel on which the overseas visitor is employed.
(3) Where an overseas visitor is employed to work on and for the purposes of an aircraft and is present in the United Kingdom in the course of such employment, the person liable to pay charges under these Regulations is the employer of that overseas visitor.
(4) Where an overseas visitor is a child to whom no exemption under these Regulations applies, the person liable to pay charges under these Regulations is the parent or legal guardian of that child.
5.—(1) Where a sum has been paid in respect of a charge for relevant services by or on behalf of a person who—
(a)at the time that those services were provided was not an overseas visitor in respect of whom the charge was payable; or
(b)did not receive the services for which the charge was payable,
a claim for repayment of the sum may be made in accordance with this regulation.
(2) A person making a claim for repayment of a sum must provide to the relevant NHS body—
(a)the receipt for payment of the sum;
(b)a declaration in support of the claim signed by or on behalf of the claimant; and
(c)such other evidence in support of the declaration as the relevant NHS body may require.
(3) The relevant NHS body must repay to the claimant the amount of the sum if it is satisfied that the sum was not payable by virtue of these Regulations.
(4) For the purposes of this regulation, the relevant NHS body is the one to which the sum was paid.