The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2006
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2006 and shall come into force on 1st April 2006.
(2)
In these Regulations–
(a)
“the Act” means the National Health Service (Scotland) Act 1978.
(b)
Amendment of regulation 1 of the principal Regulations2.
In regulation 1(2) of the principal Regulations (citation, commencement and interpretation)–
(a)
““dental list” means a list maintained by a Health Board in terms of regulations made under section 25(2)3 of the Act;”;
““general dental services” is to be construed in accordance with section 25(1)4 of the Act;”;
““ophthalmic medical practitioner” means a medical practitioner having the qualifications prescribed under regulations made under section 26(1) of the Act5;”; and
““ophthalmic list” means a list maintained by a Health Board in terms of regulations made under section 26(2)6 of the Act;”; and
(b)
in the definition of “services forming part of the health service”, insert after “(accommodation and services)”, “or general dental services, or general ophthalmic services, or personal dental services”.
Amendment of regulation 2 of the Principal Regulations3.
“(3)
Where an overseas visitor receives:–
(a)
general dental services in a Health Board’s area from a dental practitioner on that Health Board’s dental list, or
(b)
general ophthalmic services in a Health Board’s area from an ophthalmic medical practitioner or an ophthalmic optician on that Health Board’s ophthalmic list, or
(c)
the dental practitioner, ophthalmic medical practitioner or ophthalmic optician providing such general dental services, general ophthalmic services or personal dental services, having determined, by means of such enquiries as that person is satisfied are reasonable in all the circumstances, including the state of health of that overseas visitor, that the case is not one in which these Regulations provide for no charge to be made, shall make and recover from the person liable under regulation 7 charges for the provision of those services as such charges are determined by the Health Board.
(4)
A dental practitioner, ophthalmic medical practitioner or ophthalmic optician who makes and recovers a charge in accordance with paragraph 3 shall give or send to the person making the payment a receipt for the amount paid”.
Amendment of regulation 3 of the principal Regulations4.
“except in the case of general dental services, or general ophthalmic services, or personal dental services provided as mentioned in regulation 2(3).”.
Amendment of regulation 8 of the principal Regulations5.
(1)
(2)
“(3)
Where a sum has been paid as a charge for general dental services, general ophthalmic services or personal dental services forming part of the health service by or on behalf of a person who, at the time the services were provided for such person, was not an overseas visitor in respect of whom, or did not receive services for which, such a charge was payable, a claim for repayment of the sum may be made by presenting to the person by whom the charge was made and recovered–
(a)
the receipt for payment of such sum;
(b)
a declaration in support of the claim signed by or on behalf of the claimant; and
(c)
such evidence in support of the declaration as that person may require.
(4)
The person who made and recovered the charge, if satisfied by the evidence so produced that the sum to which the receipt relates was not payable by virtue of these Regulations, shall repay to the claimant the amount of any such sum.”.
St Andrew’s House,
Edinburgh
These Regulations further amend the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 (“the principal Regulations”) to provide for the making and recovery of charges in respect of certain services provided under the National Health Service (Scotland) Act 1978 to certain persons not ordinarily resident in the United Kingdom (“overseas visitors”).
Regulation 2(a) inserts definitions of “dental list”, “general dental services” “ophthalmic list” and “ophthalmic medical practitioner” into regulation 1(2) of the principal Regulations (citation, commencement and interpretation).
Regulation 2(b) extends the definition of “services forming part of the health service” in regulation 1(2) of the principal Regulations for which charges may be made to include general dental services, general ophthalmic services and personal dental services.
Regulation 3 provides that any dental practitioner, ophthalmic medical practitioner or ophthalmic optician who provides general dental services, general ophthalmic services or personal dental services to an overseas visitor who is not exempt from payment of charges in terms of the principal Regulations shall recover from the person liable to pay such charges for those services as are determined by the relevant Health Board.
Regulation 4 amends regulation 3(b) of the principal Regulations to provide that the provision that no charge shall be made in respect of any services forming part of the health service provided for an overseas visitor otherwise than at, or by staff employed to work at, or under the direction of, a hospital, shall not apply to the provision of general dental services, general ophthalmic services or personal dental services.
Regulation 5 amends regulation 8 of the principal Regulations to provide that if a person has paid a charge which was not properly payable in terms of the regulations, the person who made and recovered the charge shall repay it.