The National Health Service (Charges to Overseas Visitors) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate the National Health Service (Charges to Overseas Visitors) Regulations 1989 which provide for the making and recovery of charges for relevant services provided under the National Health Service Act 2006 to certain persons not ordinarily resident in the United Kingdom (overseas visitors).

Regulation 2 defines “relevant services” to mean those services provided under section 3(1) of the National Health Service Act 2006, excluding primary medical, dental and ophthalmic services. Other new definitions include “relevant NHS body” which more accurately reflects the range of bodies who will provide relevant services, and who will be empowered to make and recover charges under these Regulations.

Regulation 3 imposes an obligation on a “relevant NHS body” to make and recover charges in respect of relevant services provided to an overseas visitor where the relevant NHS body determines that no exemption provided for in these Regulations applies. Regulation 4 provides that the overseas visitor will be liable for the payment of such charges except where the overseas visitor works on a ship, vessel or aircraft or where the overseas visitor is a child. Regulation 5 provides for repayments to be made to the overseas visitor or other person liable to pay a charge under these Regulations where a charge has been made and recovered which is not payable under these Regulations.

Regulation 6 sets out services provided to overseas visitors which are exempt from charges, including accident and emergency services, family planning services, and treatment for diseases listed in Schedule 1 to these Regulations.

Regulations 7 to 22 set out the circumstances in which an overseas visitor is exempt from charges for any relevant services.

Regulation 7 provides an exemption for an overseas visitor who has lawfully resided in the United Kingdom for at least twelve months. Regulation 8 exempts an overseas visitor who is present in the United Kingdom (or designated areas) for a specified purpose, such as employment. Regulation 9 provides exemption for an overseas visitor who is entitled to the services in question by virtue of an enforceable European Union right. Regulation 10 provides an exemption for services provided to an overseas visitor where those services are covered by the terms of a reciprocal agreement made between the United Kingdom and a country listed in Schedule 2.

Regulations 11 to 15 provide exemptions in certain circumstances for refugees, asylum seekers and children in care, for cases involving human trafficking, for exceptional humanitarian reasons, for diplomats and NATO forces. Regulations 16 and 17 provide exemptions from charges for United Kingdom pensioners who reside in another EEA State or Switzerland for a period not exceeding six months each year, and for those receiving any pension or other benefits paid under certain war or armed forces compensation schemes. Regulation 18 provides an exemption for members of the United Kingdom forces, other Crown servants, and others employed by certain public bodies. Regulations 19 to 22 provide exemptions in certain circumstances for former United Kingdom residents working overseas, missionaries, persons imprisoned or detained under specified enactments and employees on ships.

Regulation 23 sets out the circumstances in which an overseas visitor will be exempt from charges for relevant services the need for which arose during the overseas visitor’s visit to the United Kingdom. In particular regulation 23(1)(e) provides for an exemption for individuals who are part of the Games Family during the Olympic and Paralympic Games in London 2012 between 9th July 2012 and 12th September 2012.

Regulation 24 sets out the basis on which a family member of an overseas visitor may also be exempt from charges for relevant services.

Regulation 25 and Schedules 4 and 5 make consequential revocations and amendments to other legislation, as a result of the consolidation effected by these Regulations.