The National Health Service (Charges to Overseas Visitors) Regulations 2015

Charges imposed on overseas visitors E+W

7.—(1) The [F1 relevant body] must calculate charges made under these Regulations[F2 , including where charges are estimated for the purposes of determining an advance payment sum,] in accordance with this regulation.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F4 Unless paragraph (3A) applies], the charge payable in respect of each relevant service provided to an overseas visitor shall be equal to the [F5 amount payable] for that relevant service multiplied by 150 per cent.

[F6 (3A) Where an overseas visitor who is ordinarily resident in an EEA state or Switzerland has—

(a) before IP completion day received relevant services from a relevant body, or

(b) on or after IP completion day received relevant services from a relevant body as part of a course of treatment which commenced before IP completion day,

the charges payable in respect of those services must be calculated in the same way as provided for by regulation 13(1) of the National Health Service (Cross-Border Healthcare) Regulations 2013.]

[F7 (3B) In this regulation “amount payable” has the meaning set out in paragraphs (3C) to (3H).

(3C) Where the rules contained in the NHS payment scheme specify a price for a relevant service, that is the amount payable for that service.

(3D) Where the rules contained in the NHS payment scheme specify amounts, agreements, formulae or other matters on the basis of which the price for a relevant service is to be determined, the amount payable for that service is the price that would apply as specified in those rules if the service were provided to a person ordinarily resident in the United Kingdom.

(3E) Where the rules contained in the NHS payment scheme provide for prices to be determined for, or by reference to, components of a relevant service, the amount payable for that service is the price that would apply for the whole service, if the service were provided to a person ordinarily resident in the United Kingdom, as calculated using the price for each component.

(3F) Where the rules contained in the NHS payment scheme provide for prices to be determined for, or by reference to, a group of services of which the relevant service is a part, the amount payable for that service is the price that would apply for the proportion of the group of services that the relevant service represents, if the services were provided to a person ordinarily resident in the United Kingdom.

(3G) Where the NHS payment scheme does not contain rules for determining the price for a relevant service as described by paragraphs (3C) to (3F), the amount payable for that service is such reasonable charge that the relevant body determines having had regard to the matters set out in paragraph (3H).

(3H) The matters to which the relevant body must have regard for the purposes of determining the amount payable for a relevant service under paragraph (3G) are—

(a) the actual cost that would be payable to the relevant body by the commissioner, in accordance with the rules contained in the NHS payment scheme, in respect of the relevant service, if the service were provided to a person ordinarily resident in the United Kingdom; and

(b) where the relevant service would normally be commissioned as part of a group of services, the proportion of the group of services that the service provided to the overseas visitor represents.]

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (13) For the purposes of this regulation, “NHS payment scheme” means the document published under section 114A(1) of the Health and Social Care Act 2012.]

F10 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 7 substituted (23.10.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(a), 3(1)

F2 Words in reg. 7(1) inserted (23.10.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(a), 9(a)

F3 Reg. 7(2) omitted (31.12.2020) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1423), regs. 1(2), 4(a)

F4 Words in reg. 7(3) substituted (31.12.2020) by The National Health Service (Charges to Overseas Visitors) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1423), regs. 1(2), 4(b)

F5 Words in reg. 7(3) substituted (1.4.2023) by The Health and Care Act 2022 (Consequential and Related Amendments) Regulations 2023 (S.I. 2023/306), regs. 1(1), 3(2)

F6 Reg. 7(3A) inserted (31.12.2020) by The National Health Service (Charges to Overseas Visitors) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1423), regs. 1(2), 4(c)

F7 Reg. 7(3B)-(3H) inserted (1.4.2023) by The Health and Care Act 2022 (Consequential and Related Amendments) Regulations 2023 (S.I. 2023/306), regs. 1(1), 3(3)

F8 Reg. 7(4)-(12) omitted (1.4.2023) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments) Regulations 2023 (S.I. 2023/306), regs. 1(1), 3(4)

F9 Reg. 7(13) substituted (1.4.2023) by The Health and Care Act 2022 (Consequential and Related Amendments) Regulations 2023 (S.I. 2023/306), regs. 1(1), 3(5)

F10 Reg. 7(14) omitted (23.10.2017) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(a), 9(b)