9. No charge may be made or recovered in respect of any of the following relevant services provided to an overseas visitor—
[F1(1)] No charge may be made or recovered in respect of any of the following relevant services provided to an overseas visitor—
(a)accident and emergency services, but not including any services provided—
(i)after the overseas visitor has been accepted as an in-patient at a hospital M1; or
(ii)at an outpatient appointment;
[F2(aa)services provided as part of the telephone advice line commissioned by [F3an integrated care board] or [F4NHS England];]
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)family planning services;
(d)services provided for the diagnosis and treatment of a condition listed in Schedule 1;
(e)services provided for the diagnosis and treatment of sexually transmitted infections;
(f)services provided for the treatment of a condition caused by—
(i)torture;
(ii)female genital mutilation;
(iii)[F6domestic abuse]; or
(iv)sexual violence,
provided that the overseas visitor has not travelled to the United Kingdom for the purpose of seeking that treatment.
[F7(g)palliative care services provided by—
(i)a company referred to in section 26 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (community interest companies); or
(ii)a palliative care charity within the meaning given in section 33D of the Value Added Tax Act 1994 (charities to which section 33C applies);]
[F8(2) In a case to which this paragraph applies, a relevant body—
(a)yet to make charges under regulation 3 (obligation to make and recover charges), must not make the charges;
(b)that made charges under regulation 3 but has yet to recover the charges, must not recover the charges; or
(c)that made charges under regulation 3 and received payment in respect of the charges, must repay any sum paid in respect of the charges in accordance with regulation 5 (repayment of a sum recovered or secured by a relevant body).
(3) Paragraph (2) applies in the case of an overseas visitor who, on or after 1st May 2022 but before that paragraph came into force, was provided with services for the diagnosis or treatment of monkeypox.]
Textual Amendments
F1Reg. 9 renumbered as reg. 9(1) (8.6.2022) by The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/614), regs. 1(1), 2(2)(a)
F2Reg. 9(aa) inserted (21.8.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(b), 10(a)
F3Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1
F4Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F5Reg. 9(b) omitted (21.8.2017) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(b), 10(b)
F6Words in reg. 9(1)(f)(iii) substituted (28.12.2022) by The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 4) Regulations 2022 (S.I. 2022/1253), regs. 1(1), 2(4)
F7Reg. 9(g) inserted (23.10.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(a), 10(c)
F8Reg. 9(2)(3) added (8.6.2022) by The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 3) Regulations 2022 (S.I. 2022/614), regs. 1(1), 2(2)(b)
Marginal Citations
M1“Hospital” is defined in section 275(1) of the 2006 Act.