SCHEDULE 3Savings provision for cases arising during cross-border arrangements

PART 1Modifications to primary legislation

Modifications to the NHS (Wales) Act2

The NHS (Wales) Act is to be read as if—

a

sections 6A (reimbursement of cost of services provided in an EEA State) and 6B (prior authorisation for the purposes of section 6A) were omitted;

b

in the heading to section 6BA (reimbursement of cost of services provided in an EEA state), for the reference to “another EEA state” there were substituted “an EEA state”;

c

in section 6BA(3), for the reference to “an EEA state other than the United Kingdom” there were substituted “an EEA state”;

d

for section 6BA(15) there were substituted—

15

In this section and section 6BB—

  • “authorised provider”, in relation to any service provided in an EEA state, means a person who is lawfully providing that service;

  • “NHS charge” means a charge payable under regulations made under section 121(1), 125(1) or 128(1);

  • “service” includes any goods, including drugs, medicines and appliances, which are used or supplied in connection with the provision of a service, but does not include accommodation other than hospital accommodation.

e

in section 131(a)(ii) (payment of travelling expenses) for the reference to “section 6A or 6BA” there were substituted “section 6BA”;

f

in section 206(1) (interpretation), in the definition of “Regulation (EC) No. 883/2004” at the end there were inserted “as continued by regulation 17 of, and Schedule 5 to, the Social Security Coordination (Reciprocal Healthcare) (Amendment etc) (EU Exit) Regulations 2019”.