PART 3Relevant services exempt from charges

Interpretation of this Part8.

(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 200315 (“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; or

(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;

“girl” includes woman;

“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)16.

(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.

Relevant services exempt from charges9.

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 hospital17; or

(ii)

at an outpatient appointment;

(b)

services provided otherwise than at, or by staff employed to work at, or under the direction of, a hospital;

(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.