(1)A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain or persons not ordinarily resident in Northern Ireland includes (without prejudice to the generality of that reference) a reference to—
(a)persons who require leave to enter or remain in the United Kingdom but do not have it, and
(b)persons who have leave to enter or remain in the United Kingdom for a limited period [F1unless that leave was granted by virtue of residence scheme immigration rules].
(2)The “NHS charging provisions” are—
(a)section 175 of the National Health Service Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);
(b)section 124 of the National Health Service (Wales) Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);
(c)section 98 of the National Health Service (Scotland) Act 1978 (charges in respect of persons not ordinarily resident in Great Britain);
(d)Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).
[F2(3)For the purposes of subsection (1) “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.]
Textual Amendments
F1Words in s. 39(1)(b) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 20(4)(a)
F2S. 39(3) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 20(4)(b)
Commencement Information
I1S. 39 in force at 6.4.2015 by S.I. 2015/874, art. 2(a)