The National Health Service (Charges to Overseas Visitors) Regulations 2015

PART 3 E+W Relevant services exempt from charges

Interpretation of this Part E+W

8.—(1) In this Part—

“female genital mutilation” means the excision, infibulation or other mutilation (collectively referred to as mutilation) of the whole or any part of a female's labia majora, labia minora or clitoris where—

(a)

that mutilation constituted an offence under the Female Genital Mutilation Act 2003M1 (“the 2003 Act”);

(b)

if the mutilation was performed prior to the coming into force of the 2003 Act, that mutilation would have constituted an offence under the 2003 Act if the Act had been in force at the time the mutilation was performed; F1 ...

(c)

if the mutilation was performed outside the United Kingdom but did not constitute an offence under the 2003 Act, that mutilation would have constituted an offence under the 2003 Act had it been performed in the United Kingdom; [F2 or]

(d)

[F3 if the mutilation was performed outside the United Kingdom prior to the coming into force of the 2003 Act, that mutilation would have constituted an offence under the 2003 Act if—

(i)

the mutilation had been performed in the United Kingdom; and

(ii)

the 2003 Act had been in force at the time the mutilation was performed;]

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“torture” has the meaning given in Article 1(1) of the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (agreed in New York on 4th February 1985)M2 .

(2) The reference to treatment in regulation 9(f) includes—

(a) any subsequent or on-going treatment provided to an overseas visitor for any condition, including a chronic condition, that is directly attributable to the torture, female genital mutilation, domestic violence or sexual violence; and

(b) in the case of female genital mutilation, any antenatal, perinatal and postpartum treatment provided to an overseas visitor the need for which is directly attributable to the mutilation.

Textual Amendments

F1 Word in reg. 8(1) omitted (1.2.2016) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 (S.I. 2015/2025), regs. 1(1), 4(2)(a)

F2 Word in reg. 8(1) inserted (1.2.2016) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 (S.I. 2015/2025), regs. 1(1), 4(2)(b)

F3 Words in reg. 8(1) added (1.2.2016) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 (S.I. 2015/2025), regs. 1(1), 4(2)(c)

F4 Words in reg. 8(1) omitted (1.2.2016) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 (S.I. 2015/2025), regs. 1(1), 4(3)

Marginal Citations

M1 2003 c. 31.

M2 Cm 1775. The Convention entered into force in respect of the United Kingdom on 7th January 1989.

Relevant services exempt from charges E+W

9.  No charge may be made or recovered in respect of any of the following relevant services provided to an overseas visitor—

(a) accident and emergency services, but not including any services provided—

(i) after the overseas visitor has been accepted as an in-patient at a hospital M3 ; or

(ii) at an outpatient appointment;

[F5 (aa) services provided as part of the telephone advice line commissioned by a clinical commissioning group or the National Health Service Commissioning Board;]

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) family planning services;

(d) services provided for the diagnosis and treatment of a condition listed in Schedule 1;

(e) services provided for the diagnosis and treatment of sexually transmitted infections;

(f) services provided for the treatment of a condition caused by—

(i) torture;

(ii) female genital mutilation;

(iii) domestic violence; or

(iv) sexual violence,

provided that the overseas visitor has not travelled to the United Kingdom for the purpose of seeking that treatment.

[F7 (g) palliative care services provided by—

(i) a company referred to in section 26 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (community interest companies); or

(ii) a palliative care charity within the meaning given in section 33D of the Value Added Tax Act 1994 (charities to which section 33C applies);]

Textual Amendments

F5 Reg. 9(aa) inserted (21.8.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(b), 10(a)

F6 Reg. 9(b) omitted (21.8.2017) by virtue of The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(b), 10(b)

F7 Reg. 9(g) inserted (23.10.2017) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (S.I. 2017/756), regs. 1(2)(a), 10(c)

Marginal Citations

M3 “Hospital” is defined in section 275(1) of the 2006 Act.