2019 No. 776

Exiting The European Union

Health Services

National Health Service, England And Wales

Social Security

Human Tissue, England And Wales

Human Tissue, Northern Ireland

The Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019

Made2nd April 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations:

Marginal Citations

2018 c. 16.

PART 1Preliminary

Citation, commencement and extentI11

1

These Regulations may be cited as the Social Security Coordination (Reciprocal Healthcare) (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day M2.

2

An amendment, repeal or revocation made by these Regulations has the same extent and application as the provision being amended, repealed or revoked.

InterpretationI22

In these Regulations—

“Regulation (EEC) No 1408/71” means Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community;
“Regulation (EEC) No 574/72” means Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to their families moving within the Community;
“Regulation (EC) No 883/2004” means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;
“Regulation (EC) No 987/2009” means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems.

PART 2Amendments of primary legislation

The National Health Service Act 2006I33

In the National Health Service Act 2006—

a

in section 183 (payment of travelling expenses) M3, omit paragraph (a)(iii) and the “or” preceding it;

b

in section 275 (interpretation), omit the definition of “Regulation (EC) No. 883/2004”M4 so far as it relates to section 183(a)(iii).

The National Health Service (Wales) Act 2006I44

In the National Health Service (Wales) Act 2006—

a

in section 131 (payment of travelling expenses) M5, omit paragraph (a)(iii) and the “or” preceding it;

b

in section 206 (interpretation), omit the definition of “Regulation (EC) No. 883/2004”M6 so far as it relates to section 131(a)(iii).

PART 3Amendments of subordinate legislation

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005I55

1

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 M7, is amended as follows.

2

In article 1 (interpretation), omit the definition of “the European Health Insurance Card”.

3

Omit article 3(a)(ii) (functions of the NHS Business Services Authority – the European Health Insurance Card).

The Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006I6F26

In the Human Tissue Act 2004 (Ethical Approval, Exceptions from Licensing and Supply of Information about Transplants) Regulations 2006, in Schedule 2 (receipt of transplantable material), in paragraph 10, in the text following “case) that—”—

a

for sub-paragraph (a) (including the “or” at the end) substitute—

a
the treatment of the recipient was provided under a listed healthcare arrangement as defined in regulation 1(3) of the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019, or

b

omit sub-paragraph (b).

The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013I77

In the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013 M8, omit regulations 2 to 8 (exercise of EU functions), so far as not omitted by the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 M9.

The National Health Service (General Medical Services Contracts) Regulations 2015I8F38

In regulation 74F (information relating to overseas visitors) of the National Health Service (General Medical Services Contracts) Regulations 2015—

a

for paragraph (1)(b) (but not the words following that paragraph) substitute—

b
where applicable in the case of a patient, record the fact that the patient is the holder of a document—
i
which is—
aa
a European Health Insurance Card;
bb
an S1 Healthcare Certificate; or
cc
a document which, for the purposes of a listed healthcare arrangement as defined in regulation 1(3) of the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019, is treated as equivalent to a document referred to in sub-paragraph (aa) (“EHIC equivalent document”) or (bb) (“S1 equivalent document”); and
ii
which has not been issued to or in respect of the patient by the United Kingdom,

b

in paragraph (2)(a)—

i

after “European Health Insurance Card” insert “or EHIC equivalent document”;

ii

after “that card” insert “or document”;

c

in paragraph (4)—

i

after “S1 Healthcare Certificate” insert “or S1 equivalent document”;

ii

after the remaining references to “certificate” (in both places), insert “or document”.

The National Health Service (Personal Medical Services Agreements) Regulations 2015I9F49

In regulation 67F (information relating to overseas visitors) of the National Health Service (Personal Medical Services Agreements) Regulations 2015—

a

for paragraph (1)(b) (but not the words following that paragraph) substitute—

b
where applicable in the case of a patient, record the fact that the patient is the holder of a document—
i
which is—
aa
a European Health Insurance Card;
bb
an S1 Healthcare Certificate; or
cc
a document which, for the purposes of a listed healthcare arrangement as defined in regulation 1(3) of the Healthcare (European Economic Area and Switzerland Arrangements) (EU Exit) Regulations 2019, is treated as equivalent to a document referred to in sub-paragraph (aa) (“EHIC equivalent document”) or (bb) (“S1 equivalent document”); and
ii
which has not been issued to or in respect of the patient by the United Kingdom,

b

in paragraph (2)(a)—

i

after “European Health Insurance Card” insert “or EHIC equivalent document”;

ii

after “that card” insert “or document”;

c

in paragraph (4)—

i

after “S1 Healthcare Certificate” insert “or S1 equivalent document”;

ii

after the remaining references to “certificate” (in both places), insert “or document”.

The Social Security Coordination (Regulation (EC) No 883/2004, EEA Agreement and Swiss Agreement) (Amendment) (EU Exit) Regulations 2019F510

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4Rights etc deriving from the Treaties

Rights etc deriving from the TreatiesI1011

The rights, powers, liabilities, obligations, restrictions, remedies and procedures which, but for this regulation, would continue to be recognised and available in domestic law M10 by virtue of section 4 of the European Union (Withdrawal) Act 2018, are to cease to be recognised and available in domestic law on exit day, so far as they are inconsistent with, or are otherwise capable of affecting the interpretation, application or operation of, provision made by these Regulations.

PART 5Amendment of EU Regulations

Regulation (EC) No 883/2004I1112

Regulation (EC) No 883/2004 is amended as set out in Schedule 1.

Regulation (EC) No 987/2009I1213

Regulation (EC) No 987/2009 is amended as set out in Schedule 2.

Regulation (EEC) No 1408/71I1314

Regulation (EEC) No 1408/71 is amended as set out in Schedule 3.

Regulation (EEC) No 574/72I1415

Regulation (EEC) No 574/72 is amended as set out in Schedule 4.

PART 6Amendment of the EEA agreement

Amendment of the EEA agreementI1516

In the Agreement on the European Economic Area signed at Oporto on 2 May 1992, so far as it forms part of domestic law by virtue of section 3(2)(b) of the European Union (Withdrawal) Act 2018, in Annex 6, in Part 1 (general social security coordination), in paragraph 1 (provision relating to Regulation (EC) No 883/2004)—

a

omit point (e) (modification of Annex 3);

b

omit point (f) (modification of Annex 4);

c

omit point (l) (modification of Annex 11) F6....

PART 7Savings and transitional provision

Savings and transitional provisionF717

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Secretary of State for Health and Social Care.

Stephen Hammond Minister of State, Department for Health and Social Care

SCHEDULES

SCHEDULE 1Regulation (EC) No 883/2004

Regulation 12

I161

Regulation (EC) No 883/2004 is amended as follows.

I172

1

Article 1 is amended as follows.

2

In point (i)(1)(ii), for “pursuant to Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits” substitute “ referred to in Article 29 ”.

3

In point (va) M11—

a

in point (i)—

i

for “Title III, Chapter 1 (sickness, maternity and equivalent paternity benefits)” substitute “ this Article, Article 3 and Article 29 ”;

ii

for “Member State” substitute “ State ”;

b

omit point (ii).

4

In point (z), omit “in kind or”.

I183

In Article 3, after paragraph 5 insert—

6
References in this Regulation to receipt of social security benefits do not, in relation to the United Kingdom, include receipt of benefits in kind.

I194

Omit Articles 17 to 20.

I205

1

Article 22 is amended as follows.

2

In paragraph 1—

a

for “benefits in kind”, in each place it occurs, substitute “ cash benefits ”;

b

for “Member State in which he/she resides” substitute “ United Kingdom ”;

c

for the words from “the pension claimant” to “in paragraph 2” substitute “ in the event of a pension being awarded the United Kingdom would be competent under Articles 23 to 25 ”;

d

omit “in the Member State of residence”.

3

Omit paragraph 2.

I216

In Article 23—

a

for “benefits in kind”, in each place it occurs (including the heading), substitute “ cash benefits ”;

b

in the heading for “Member State of residence” substitute “ United Kingdom where it is the State of residence ”;

c

after “person who” insert “ resides in the United Kingdom and ”;

d

for “Member States” substitute “ States ”;

e

for “Member State of residence” substitute “ United Kingdom ”;

f

for “that Member State”, in both places it occurs, substitute “ the United Kingdom ”;

g

omit “and at the expense of”;

h

for “place of residence” substitute “ United Kingdom ”.

I227

For Article 24 (including the heading) substitute—

Article 24No right to cash benefits under the legislation of the Member State of residence
The United Kingdom will be competent for cash benefits for pensioners, or their family members, resident in a Member State where the pensioner is in receipt of a pension from the United Kingdom and not from the Member State of residence, and:
a
the pensioner is only entitled to cash benefits under the legislation of the United Kingdom; or
b
the pensioner is entitled to cash benefits under the legislation of two or more States, one of which is the United Kingdom, and the pensioner has been subject to the legislation of the United Kingdom for the longest period of time. If the pensioner has been subject for an equal period of time to the legislation of another State, the United Kingdom will be competent if the pensioner was last subject to its legislation.

I238

In Article 25—

a

in the heading—

i

for “Member States” substitute “ States ”;

ii

for “benefits in kind” substitute “ cash benefits ”;

iii

for “latter Member State” substitute “ Member State of residence ”;

b

for “Member States”, in the first place it occurs, substitute “ States ”;

c

for “benefits in kind”, in the first place it occurs, substitute “ cash benefits ”;

d

for the words from “the cost of benefits in kind provided” to “Article 24(2)” substitute “ where the United Kingdom has been determined in accordance with Article 24 as competent in respect of that person's pensions, the United Kingdom is competent for cash benefits ”;

e

for “that Member State”, in the second place it occurs, substitute “ the United Kingdom ”.

I249

In Article 26—

a

for “Member State”, in each place it occurs (including the heading), substitute “ State ”;

b

for “Member States” substitute “ States, one of which is the United Kingdom, ”;

c

for the words from “benefits in kind”, in the first place it occurs, to “costs of the benefits in kind” substitute “ cash benefits from the United Kingdom, where the United Kingdom is competent for cash benefits ”.

I2510

Omit Articles 27 and 28.

I2611

In Article 29, for paragraph 1 substitute—

1
Where a person resides in a Member State and receives a pension or pensions under the legislation of the United Kingdom and one or more Member States, the competent institution of the United Kingdom is not responsible for paying cash benefits where the competent institution in the Member State of residence is responsible for the cost of benefits in kind provided to the person in that Member State. Article 21 shall apply mutatis mutandis

I2712

In Article 31, for “Articles 17 to 21” substitute “ Article 21 ”.

I2813

Omit Articles 32 to 35.

I2914

In Article 36—

a

for the heading substitute “ Article 21 to apply to benefits within this Chapter ”;

b

omit paragraphs 1, 2 and 2a.

I3015

In Article 40, omit paragraphs 1 and 2.

I3116

In Article 85, omit “Article 35(3) and/or”.

I3217

Omit Annexes 3 to 5.

I3318

1

Annex 11 is amended as follows.

2

Under the heading “FRANCE”, omit paragraph 2;

3

Under the heading “NETHERLANDS”, in paragraph 1—

a

omit points (a) to (e);

b

omit point (h).

SCHEDULE 2Regulation (EC) No 987/2009

Regulation 13

I341

Regulation (EC) No 987/2009 is amended as follows.

I352

Omit Article 22.

I363

In Article 23—

a

for “Member State”, in both places it occurs, substitute “ State ”;

b

omit “17, 19(1), 20,”.

I374

Omit Articles 24 to 26.

I385

Omit Article 29.

I396

Omit Article 31.

I407

1

Article 32 is amended as follows.

2

In paragraph 1, for “benefits in kind or in cash” substitute “ cash benefits ”.

3

Omit paragraph 2.

4

Omit paragraph 3.

I418

1

Article 33 is amended as follows.

2

In the heading, omit “in kind and”.

3

In paragraph 1, for “Articles 24 to 27” substitute “ Article 27 ”.

4

Omit paragraph 2.

I429

Omit Article 35.

I4310

Omit Article 41.

I4411

In Title 4, omit Chapter 1 (reimbursement of the cost of benefits in application of Article 35 and Article 41 of Regulation (EC) No 883/2004).

I4512

1

Annex 1 M12 is amended as follows.

2

Under the heading BELGIUM-UNITED KINGDOM, omit point (b).

3

Under the heading DENMARK-UNITED KINGDOM, omit “benefits in kind and”.

4

Under the heading IRELAND-UNITED KINGDOM, omit the words from “Articles 36(3)” to “1408/71) and”.

5

Omit the heading SPAIN-UNITED KINGDOM and the text under it.

6

Under the heading FRANCE-UNITED KINGDOM, omit point (b).

7

Omit the heading ITALY-UNITED KINGDOM and the text under it.

8

Omit the heading HUNGARY-UNITED KINGDOM and the text under it.

9

Omit the heading MALTA-UNITED KINGDOM and the text under it.

10

Omit the heading PORTUGAL-UNITED KINGDOM and the text under it.

11

Under the heading FINLAND-UNITED KINGDOM, omit the words from “Articles 36(3)” to “in kind) and”.

12

Under the heading SWEDEN-UNITED KINGDOM, omit the words from “Article 36(3)” to “in kind) and”.

I4613

Omit Annex 3.

SCHEDULE 3Regulation (EEC) No 1408/71

Regulation 14

I471

Regulation (EEC) No 1408/71 is amended as follows.

I482

1

Article 1 is amended as follows.

2

In point (f)(i) for “Articles 22(1)(a) and 31” substitute “ Article 31 ”.

3

In point (u)(i), for “benefits in kind or in cash” substitute “ cash benefits ”.

I493

1

Article 19 is amended as follows.

2

Omit paragraph 1(a).

3

In paragraph 2, omit the second subparagraph.

I504

Omit Article 20.

I515

In Article 21(2), omit the second subparagraph.

I526

1

Article 22 is amended as follows.

2

In the heading, omit the words from “Need to” to “appropriate treatment”.

3

In paragraph 1—

a

omit point (a);

b

in point (c), for “another Member State” substitute “ a Member State ”;

c

omit point (c)(i).

4

In paragraph 3, omit the words from “However” to the end of the paragraph.

I537

Omit Article 22a M13.

I548

Omit Article 24.

I559

1

Article 25 M14 is amended as follows.

2

In paragraph 1—

a

omit “benefits in kind and”;

b

omit point (a).

3

In paragraph 2, for “benefits in kind and in cash” substitute “ cash benefits ”.

4

In paragraph 3, omit point (i).

I5610

In Article 25a, omit “benefits in kind and”.

I5711

Omit Section 4 of Chapter 1.

I5812

1

Article 28 is amended as follows.

2

In paragraph 1, for “conditions” substitute “ condition ”.

3

Omit paragraph 1(a).

4

In paragraph 2, for “the cost of benefits in kind shall be borne” substitute “ cash benefits shall be provided ”.

5

In paragraph 2(a), for the words from “a single” to the end of paragraph 2(a) substitute “ the United Kingdom only, cash benefits shall be provided by the competent institution of the United Kingdom ”.

6

In paragraph 2(b)—

a

for “cost thereof shall be borne” substitute “ benefits shall be provided ”;

b

for the words from “the competent institution” to “whose legislation” substitute “ the competent institution of the United Kingdom where its legislation is the legislation to which ”;

c

for the words from “should the application” to the end of the Article, substitute “ in these circumstances, where the pensioner has been subject to the legislation of a Member State or Member States for an equal period of time to the time they have been subject to the legislation of the United Kingdom and where the legislation to which the pensioner was last subject was that of the United Kingdom the benefits shall be provided by the competent institution of the United Kingdom ”.

I5913

Omit Article 28a.

I6014

1

Article 29 is amended as follows.

2

In paragraph 1, for “conditions” substitute “ condition ”.

3

Omit paragraph 1(a).

4

Omit paragraph 2(a).

I6115

Omit Article 30.

I6216

In Article 31, omit paragraph 1(a).

I6317

1

Article 33 is amended as follows.

2

In paragraph 1, omit “28a,”.

3

Omit paragraph 2.

I6418

1

Article 34 is amended as follows.

2

In paragraph 1, omit “28a,”.

3

In paragraph 2 for “Articles 27 to 33” substitute “ Articles 27 to 29 and 31 and 33 ”.

I6519

In Article 34a M15 for the words from “Articles 18” to “and 7” substitute “ Articles 18, 19, 22(3), 23 and section 6 ”.

I6620

In Article 35, in paragraph 1, omit “26,”.

I6721

Omit Section 7 of Chapter 1.

I6822

In Article 52, omit point (a).

I6923

1

Article 55 is amended as follows.

2

In paragraph 1, omit point (c).

3

Omit paragraph 1(c)(i).

4

In paragraph 2, omit the second subparagraph.

I7024

In Article 61, omit paragraphs 1 to 4.

I7125

Omit Section 4 of Chapter 4.

I7226

In Article 63a M16, for “Sections 1 to 4” substitute “ Sections 1 to 3 ”.

I7327

Omit Article 66.

I7428

In Article 66a M17, for “Articles 64 to 66” substitute “ Article 64 and 65 ”.

I7529

In Annex 1, in part 2 M18, omit the following headings and the text under each—

a

C. CZECH REPUBLIC;

b

D. DENMARK;

c

J. IRELAND;

d

M. LATVIA;

e

N. LITHUANIA;

f

P. HUNGARY;

g

V. ROMANIA;

h

X. SLOVAKIA;

i

Y. FINLAND;

j

Z. SWEDEN;

k

AA. UNITED KINGDOM.

I7630

1

Annex 6 M19 is amended as follows.

2

Under the heading A. BELGIUM, omit point 1.

3

Under the heading D. DENMARK—

a

omit point 2;

b

omit point 10.

4

Under the heading E. GERMANY—

a

omit point 9;

b

omit point 13;

c

omit point 18;

d

omit points 21 to 23.

5

Under the heading G. GREECE, omit point 7.

6

Under the heading H. SPAIN, omit points 7 and 8.

7

Under the heading R. NETHERLANDS, in point 1, omit points (a) to (e).

8

Under the heading Y. FINLAND, omit point 4.

9

Under the heading AA. UNITED KINGDOM, in point 19(c), omit “(including benefits in kind for which the United Kingdom is the competent State)”.

SCHEDULE 4Regulation (EEC) No 574/72

Regulation 15

I771

Regulation (EEC) No 574/72 is amended as follows.

I782

In Article 4, omit paragraph 9.

I793

Omit Article 17 M20.

I804

Omit Articles 19 to 23 M21 and the headings “Implementation of Article 20 of the Regulation”, “Application of the second indent of Article 21(2) of the Regulation” and “Implementation of Article 22 of the Regulation”.

I815

In Article 24, for “Article 22(1)(a)(ii)” substitute “ Article 22(1) ”.

I826

1

Article 26 M22 is amended as follows.

2

Omit paragraph 1.

3

Omit paragraph 3.

4

In paragraph 6, for “benefit in cash and in kind” substitute “ cash benefits ”.

5

In paragraph 7, for “Article 18(2), (3), (4), (5), (6), (8) and (9)” substitute “ Article 18(2), (3), (4), (4A), (5), (6) and (8) ”.

I837

Omit Articles 27 to 31 and the headings “Implementation of Article 25(3) of the Regulation”, “Implementation of Article 26 of the Regulation”, “Implementation of Articles 28 and 28a of the Regulation”, “Implementation of Article 29 of the Regulation” and “Implementation of Article 31 of the Regulation”.

I848

Omit Article 34.

I859

Omit Article 60.

I8610

Omit Articles 62 and 63.

I8711

Omit Article 66.

I8812

1

Article 93 M23 is amended as follows.

2

for paragraph 1 substitute—

1
Where cash benefits are paid in accordance with the provisions of the second sentence of Article 18(8) of the implementing Regulation, the actual amount of benefits shall be refunded by the competent institution in the United Kingdom to the institution which provided the said benefits as shown in the accounts of that institution.

3

In paragraph 2, for “In the cases referred to in the second paragraph of Article 21(2), the second subparagraph of Article 22(3) and in Article 31 of the Regulation, and for” substitute “ For ”.

4

Omit paragraphs 3 to 6.

I8913

Omit Articles 94 to 96 M24 and the heading “Implementation of Article 63(2) of the Regulation”.

I9014

Omit Article 99.

I9115

In Article 100, omit paragraph 2.

I9216

Omit Article 113.

I9519

1

Under the heading V. ROMANIA, omit paragraph 1.

16

Under the heading X. SLOVAKIA, omit paragraph 2.

17

Under the heading AA. UNITED KINGDOM—

a

under the heading “Great Britain”, for point (a) substitute—

a
contributions: HM Revenue and Customs, PT Operations, North East England, BX9 1AN, United Kingdom;

b

under the heading “Northern Ireland”, for point (a) substitute—

a
contributions: HM Revenue and Customs, PT Operations, North East England, BX9 1AN, United Kingdom;

I9620

1

Annex 5 is amended as follows.

2

In the words in brackets under the heading, for “Articles 4(5), 5, 53(3), 104, 105(2), 116, 121 and 122” substitute “ Articles 53(3), 105(2), 116 and 121 ”M28 .

3

Under the heading 26. BELGIUM-UNITED KINGDOM, omit point (b).

4

Under the heading 98. DENMARK-UNITED KINGDOM, in paragraph 1—

a

omit “Articles 36(3), 63(3) and 70(3) of the Regulation and”;

b

omit point (a).

5

Under the heading 120. GERMANY-UNITED KINGDOM, omit point (b).

6

Under the heading 141. ESTONIA-UNITED KINGDOM, for the text substitute “ No relevant convention ”.

7

Under the heading 180. SPAIN-UNITED KINGDOM, for the text substitute “ No relevant convention ”.

8

Under the heading 198. FRANCE-UNITED KINGDOM, omit point (b).

9

Under the heading 215. IRELAND-UNITED KINGDOM, for the text substitute “ No relevant convention ”.

10

Under the heading 231. ITALY-UNITED KINGDOM, for the text substitute “ No relevant convention ”.

11

Under the heading 285. LUXEMBOURG-UNITED KINGDOM—

a

omit point (a);

b

omit point (b).

12

Under the heading 315. NETHERLANDS-UNITED KINGDOM, omit point (b).

13

Under the heading 336. PORTUGAL-UNITED KINGDOM, for the text substitute “ No relevant convention ”.

14

Under the heading 350. FINLAND-UNITED KINGDOM, for the text substitute “ No relevant convention ”.

15

Under the heading 351 SWEDEN-UNITED KINGDOM, for the text substitute “ No relevant convention ”.

I9721

In Annex 6, in the text in brackets under the heading, for “Articles 4(6), 53(1) and 122” substitute “ Articles 4(6) and 53(1) ”M29 .

I9822

In Annex 7 M30, in paragraph (b), for “55(3) and 122” substitute “ and 55(3) ”.

I9923

Omit Annex 9.

in paragraph 2, for “Articles 36 and 63 of the Regulation and Articles 8, 38(1), 70(1), 91(2), 102(2), 110 and 113(2)” substitute “ Articles 8, 38(1), 70(1), 91(2) and 110 ”.

F1SCHEDULE 5Savings and transitional provision

Regulation 17

Annotations:

Amendments (Textual)

Sch. 5 omitted (31.12.2020 immediately before IP completion day) by virtue of The Reciprocal and Cross-Border Healthcare (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1348), regs. 1, 6

InterpretationF11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases arising before exit dayF12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases arising during reciprocal arrangementsF13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

List for the purposes of paragraph 3F14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Savings provision for cases arising during reciprocal arrangementsF15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications of the relevant retained direct EU legislationF16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation (EC) No 987/2009F17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation (EEC) No 574/72F18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision for United Kingdom legislationF19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d), (e) and (g) and (3) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 amends primary legislation and Part 3 amends subordinate legislation relating to the coordination of the provision of benefits in kind relating to healthcare.

Part 4 relates to rights and other matters which become part of domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018. Part 5 amends or revokes provisions of retained EU Regulations relating to the coordination of the provision of benefits in kind. Part 6 revokes provisions of the EEA agreement.

Part 7 contains savings and transitional provisions.

An impact assessment has been prepared in relation to these Regulations and copies can be obtained from the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU.