The Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019

Citation, commencement and interpretation U.K.

1.—(1) These Regulations may be cited as the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day M1 .

(3) In these Regulations—

“the Authority” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established under article 2 of the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 M2 ;

“enactment” includes—

(a)

an enactment comprised in, or in an instrument made under, primary legislation M3 ; and

(b)

any retained direct EU legislation M4 ;

“health service body” means—

(a)

an NHS body as defined in section 275 of the National Health Service Act 2006 M5 (interpretation) or in section 206 of the National Health Service (Wales) Act 2006 M6 (interpretation);

(b)

a body listed in section 17A(2)(a) to (c) or (e) of the National Health Service (Scotland) Act 1978 M7 (NHS contracts) or in article 8(2)(a) to (d) of the Health and Personal Social Services (Northern Ireland) Order 1991 M8 (health and social care contracts); or

(c)

a provider of healthcare M9 who is a public authority M10 (not falling within sub-paragraph (a) or (b));

“healthcare arrangement” means—

(a)

a healthcare agreement M11 ; or

(b)

an arrangement, other than a healthcare agreement, made by the Secretary of State, for or in connection with the provision of healthcare in a member state;

“listed healthcare arrangement” means a healthcare arrangement included in the list maintained in accordance with regulation 8;

“maternity application” means an application for authorisation to travel to a member state (or another member state) for the purpose of receiving healthcare in connection with giving birth in that member state;

“member state” means an EEA state or Switzerland;

“relevant health board” means—

(a)

in relation to England and in relation to relevant persons, [F1 NHS England, the body corporate] established under section 1H of the National Health Service Act 2006 M12 ;

(b)

in relation to Wales, a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

(c)

in relation to Scotland, a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 M13 ;

(d)

in relation to Northern Ireland, the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M14 ; and

“relevant person” means a person residing in a member state needing authorisation from the United Kingdom to travel to another member state for the purpose of receiving healthcare under a healthcare arrangement.

Textual Amendments

F1 Words in reg. 1(3) substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 102(2)

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 “Exit day” is defined by Schedule 1 to the Interpretation Act 1978 (c. 30) (“the 1978 Act”).

M2 S.I. 2005/2414.

M3 See section 7(6) of the 2019 Act as to the meaning of “primary legislation”.

M4 “Retained direct EU legislation” is defined by Schedule 1 to the 1978 Act.

M5 2006 c. 41. The definition was inserted by the Health and Social Care Act 2012 (c. 7) (“the 2012 Act”), Schedule 4, paragraph 138.

M6 2006 c. 42. The definition was inserted by the 2012 Act, Schedule 21, paragraph 38.

M7 1978 c. 29. Section 17A was inserted by the National Health Service and Community Care Act 1990 (c. 19), section 30, and amended by: the Health Act 1999 (c. 8), Schedule 4, paragraph 46 and Schedule 5, paragraph 1; the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), Schedule 14, paragraph 1; the Public Services Reform (Scotland) Act 2010 (asp 8), Schedule 17, paragraph 8; and the 2012 Act, Schedule 21, paragraph 2.

M8 S.I. 1991/194 (N.I. 1). Relevant amendments were made by the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), Schedule 6, paragraphs 1 and 13.

M9 See section 3 of the 2019 Act as to the meaning of “healthcare”.

M10 See section 2 of the 2019 Act as to the meaning of “public authority”.

M11 See section 3 of the 2019 Act as to the meaning of “healthcare agreement”.

M12 Section 1H was inserted by the 2012 Act, section 9. Transitory modifications are made by S.I. 2012/1831.

M13 Section 2 was amended by: the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 1; the National Health Service and Community Care Act 1990 (c. 19), section 28, Schedule 9, paragraph 19(1), and Schedule 10; the National Health Service Reform (Scotland) Act 2004 (asp 7), Schedule 1, paragraph 1(2); the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), Schedule 2, paragraph 2(2); and the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5), section 2(1).

M14 2009 c. 1 (N.I.).