The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989

Citation, commencement and interpretation S

1.—(1) These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 and shall come into force on 5th April 1989.

(2) In these Regulations, unless the context otherwise requires—

“the Act” means the National Health Service (Scotland) Act 1978;

[F1 “authorised child” means a child who has either been granted leave to enter the United Kingdom with his parent for the purpose of the parent obtaining a course of treatment in respect of which no charges are payable under regulation 6A or is the child of an authorised companion;]

[F1 “authorised companion” means a person who has been granted leave to enter the United Kingdom to accompany a person who is obtaining a course of treatment in respect of which no charges are payable under regulation 6A;]

“child” means a person who is—

(a)

under the age of sixteen; or

(b)

under the age of nineteen and treated for the purposes of the Child Benefit Act 1975(1) or the Child Benefit (Northern Ireland) Order 1975(2) as receiving full time education at an educational establishment recognised under that Act or that Order;

[F2 “competent institution” has the meaning it had in Regulation (EC) No 883/2004 or (as the case may be) Regulation (EEC) No 1408/71 immediately before IP completion day;]

“Continental Shelf”, except in a reference to a designated area of the Continental Shelf, means the sea-bed and subsoil of the submarine area (other than in the Baltic or Mediterranean Seas, including the Adriatic and Aegean, or the Black Sea) adjacent to the coasts, lying north of the latitude of 25 degrees north and between the longitude of 30 degrees west and 35 degrees east, of the territory (including islands) of—

(a)

any country situated on the Continent of Europe, or

(b)

the Republic of Ireland,

where the submarine area is outside the seaward limits of the territorial limits of those countries and the Republic of Ireland and is an area with respect to which the exercise by any of them of sovereign rights in accordance with international law is recognised by Her Majesty’s Government in the United Kingdom;

F3 ...

“designated area of the Continental Shelf” means any area which is for the time being designated by an Order in Council under the Continental Shelf Act 1964(3) as an area within which the rights of the United Kingdom with respect to the sea-bed and subsoil and their natural resources may be exercised;

[F4 “EEA State” means a member State, Norway, Iceland or Lichtenstein;]

[F5 “eye examinations and sight tests” means eye examinations and sight tests within the meaning of section 13(1) of the Smoking, Health and Social Care (Scotland) Act 2005F6 ;]

F7 ...

“Health Board” means a Health Board constituted under section 2 of the Act;

[F8 “member of the family”, in relation to a national of an EEA State, a frontier worker, a stateless person or a refugee, has the meaning it had for the purposes of Regulation (EC) No 883/2004F9 or (as the case may be) Regulation (EEC) 1408/71F10 immediately before IP completion day;]

F11 ...

F12 ...

[F13 “ophthalmic medical practitioner” means a medical practitioner having the qualifications prescribed under regulations made under section 26(1) of the ActF14 ;]

[F15 “oral health assessments and dental examinations” means oral health assessments and dental examinations within the meaning of section 12(1) of the Smoking Health and Social Care (Scotland) Act 2005;]

“overseas visitor” means a person not ordinarily resident in the United Kingdom;

“reciprocal agreement” means arrangements mutually agreed between the Government of the United Kingdom and the Government of a country or territory outside the United Kingdom for providing health care;

“refugee” means a person who is a refugee within the meaning of Article 1 of the Convention relating to the Status of Refugees 1951(4) and Article 1 of the Protocol relating to the Status of Refugees 1967(5) and any other person taking refuge in the territory of [F16 an EEA State] with leave of the Government of that State;

“services forming part of the health service” means accommodation, services and other facilities provided under section 3(1) of the Act (the Secretary of State’s duty to provide accommodation and services) [F17 or oral health assessments and dental examinations, or eye examinations and sight tests] other than accommodation and services made available under section 57 of the Act(6) (accommodation and service s for private resident and non-resident patients);

“ship or vessel” includes hovercraft;

“stateless person” has the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons 1954 (7);

“treatment” includes medical, dental and nursing services required for the care of women who are pregnant or in childbirth or for the prevention or diagnosis of illness;

“treatment the need for which arose during the visit” means diagnosis of symptoms or signs occurring for the first time after the visitor’s arrival in the United Kingdom and any other treatment which, in the opinion of a medical or dental practitioner employed by, or under contract with, a Health Board, is required promptly for a condition which arose after the visitor’s arrival in the United Kingdom, or became, or but for treatment would be likely to become, acutely exacerbated after such arrival.

(3) In calculating for the purpose of any provision of these Regulations a period of residence in the United Kingdom, any interruption by reason of temporary absence of not more than three months shall be disregarded.

(4) Unless the context otherwise requires, in these Regulations any reference to a numbered regulation or Schedule is a reference to the regulation in or, as the case may be, the Schedule to these Regulations which bears that number, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

Textual Amendments

F1 Words in reg. 1(2) inserted (28.9.2004) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2004 (S.S.I. 2004/369), regs. 1(1), 2

F2 Words in reg. 1(2) inserted (31.12.2020) by The National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) (EU Exit) Regulations 2019 (S.S.I. 2019/333), regs. 1(2), 2(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 1(2) omitted (6.10.2008) by virtue of The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/290), regs. 1(1), 2(1)(c)

F4 Words in reg. 1(2) inserted (1.7.2013) by The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 (S.S.I. 2013/177), reg. 1(1), sch. para. 6(a)(iii)

F5 Words in reg. 1(2) inserted (6.10.2008) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/290), regs. 1(1), 2(1)(a)

F6 asp. 13.

F7 Words in reg. 1(2) omitted (6.10.2008) by virtue of The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/290), regs. 1(1), 2(1)(d)

F8 Words in reg. 1(2) substituted (31.12.2020) by The National Health Service (Charges to Overseas Visitors) (Scotland) (Amendment) (EU Exit) Regulations 2019 (S.S.I. 2019/333), regs. 1(2), 2(2); 2020 c. 1, Sch. 5 para. 1(1)

F9 OJ L 166, 30.04.2004, p.1.

F10 OJ L 149, 05.07.1971, p.2 (OJ/SE 1st Series vol 2, p.416).

F11 Words in reg. 1(2) omitted (1.7.2013) by virtue of The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 (S.S.I. 2013/177), reg. 1(1), sch. para. 6(a)(ii)

F12 Words in reg. 1(2) omitted (6.10.2008) by virtue of The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/290), regs. 1(1), 2(1)(e)

F13 Words in reg. 1(2) inserted (1.4.2006) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2006 (S.S.I. 2006/141), regs. 1(1), 2(a)

F14 Section 26(1) was amended by the Health and Social Security Act 1984 (c. 48) section 1(7) and Schedule I Part II, paragraph 1, extended by the Health and Medicines Act 1988 (c. 49) sections 17(1) and 13(4), and is amended by the 2005 Act, section 13(2) in terms of S.S.I. 2006)/121 with effect from 1st April 2006.

F15 Words in reg. 1(2) inserted (6.10.2008) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/290), regs. 1(1), 2(1)(b)

F16 Words in reg. 1(2) substituted (1.7.2013) by The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013 (S.S.I. 2013/177), reg. 1(1), sch. para. 6(a)(i)

F17 Words in reg. 1(2) substituted (6.10.2008) by The National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2008 (S.S.I. 2008/290), regs. 1(1), 2(1)(f)

Commencement Information

I1 Reg. 1 in force at 5.4.1989, see reg. 1(1)

(1)

1975 c. 61

(2)

S.I. 1975/1504 (N.I. 16).

(3)

1964 c. 29

(4)

Cmd. 9171 of 1954.

(5)

Cmnd. 3906 of 1968.

(6)

The Health and Medicines Act 1988 (c. 49), section 7(11) substituted (for sections 57 and 58 of the Act) a new section 57.

(7)

Cmnd. 1098 of 1960.