- Latest available (Revised)
- Point in Time (06/04/2015)
- Original (As made)
Version Superseded: 01/02/2016
Point in time view as at 06/04/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The National Health Service (Charges to Overseas Visitors) Regulations 2015, Section 25.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
25.—(1) For the purposes of this regulation, unless otherwise provided, “member of the family” means—
(a)the spouse or civil partner of an overseas visitor; or
(b)a child in respect of whom an overseas visitor has parental responsibility.
(2) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a member of the family of another overseas visitor (“the principal overseas visitor”) and is lawfully present if the principal overseas visitor is exempt from charges under any of the following regulations—
(a)regulation 16 (victims of human trafficking);
(b)regulation 20 (members of the regular and reserve forces, Crown servants and others);
(c)regulation 21 (NATO forces).
(3) No charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a child who—
(a)is born in the United Kingdom to a parent who is exempt from charges by virtue of—
(i)regulation 10 (immigration health charge); or
(ii)regulation 11 (overseas visitors who have made applications for entry clearance or leave to remain prior to the commencement of the immigration health charge);
(b)is aged 3 months or less; and
(c)has not left the United Kingdom since birth.
(4) Subject to paragraphs (5) to (7) of this regulation, no charge may be made or recovered in respect of any relevant services provided to an overseas visitor who is a member of the family of a principal overseas visitor if—
(a)the overseas visitor is lawfully present in the United Kingdom;
(b)the overseas visitor is visiting the United Kingdom with the principal overseas visitor; and
(c)the principal overseas visitor is exempt from charges under—
(i)regulation 12 (EU rights);
(ii)regulation 13 (overseas visitors who are treated as if entitled under the social security coordination regulation); or
(iii)regulation 22 (war pensioners and armed forces compensation scheme payment recipients).
(5) Where the overseas visitor is a member of the family of a principal overseas visitor who is exempt from charges under—
(a)regulation 12 (EU rights); or
(b)regulation 13 (overseas visitors who are treated as if entitled under the social security coordination regulation),
the exemption in paragraph (4) only applies if both the conditions in paragraphs (6) and (7) are satisfied.
(6) The first condition is that—
(a)the overseas visitor—
(i)where paragraph (5)(a) applies, does not have an enforceable EU right of the kind described in regulation 12; or
(ii)where paragraph (5)(b) applies, would not have an enforceable EU right of the kind described in regulation 13 if the United Kingdom had opted in as described in Article 27(2) of Regulation 883/2004 and was listed in Annex IV to that Regulation; and
(b)the reason that the overseas visitor does not, or would not, have an enforceable EU right of the kind described in those regulations is because the overseas visitor is not recognised as a member of the family (within the meaning in Article 1(i) of Regulation (EC) 883/2004 or any other relevant regulations or agreements which provide for an enforceable EU right of the kind described in regulation 12 for family members) of the principal overseas visitor.
(7) The second condition is that the relevant services provided to the overseas visitor are services that the overseas visitor would be entitled to receive without charge by virtue of an enforceable EU right under regulation 12 or 13 if the overseas visitor had such a right.
(8) None of the provisions of this regulation affect any entitlement which any member of the family of an overseas visitor may have to an exemption from charges for relevant services by virtue of an enforceable EU right or any other exemption which they may be entitled to in their own right.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: