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

PART 1 U.K. Preliminary

Citation, commencement and extent U.K.

1.—(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 M1 .

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repeal or revocation made by these Regulations has the same extent and application as the provision being amended, repealed or revoked.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M1 “Exit day” is defined in section 20 of the European Union (Withdrawal) Act 2018.

Interpretation U.K.

2.  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.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

PART 2 U.K. Amendments of primary legislation

The National Health Service Act 2006 U.K.

3.  In the National Health Service Act 2006—

(a) in section 183 (payment of travelling expenses) M2 , omit paragraph (a)(iii) and the “or” preceding it;

(b) in section 275 (interpretation), omit the definition of “Regulation (EC) No. 883/2004”M3 so far as it relates to section 183(a)(iii).

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M2 2006 c.41; section 183 was amended by paragraph 98 of Schedule 4 to the Health and Social Care Act 2012 (c.7).

M3 The definition was inserted by S.I. 2010/915.

The National Health Service (Wales) Act 2006 U.K.

4.  In the National Health Service (Wales) Act 2006—

(a) in section 131 (payment of travelling expenses) M4 , omit paragraph (a)(iii) and the “or” preceding it;

(b) in section 206 (interpretation), omit the definition of “Regulation (EC) No. 883/2004”M5 so far as it relates to section 131(a)(iii).

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M4 2006 c.42; section 131 was amended by S.I. 2010/915; there are other amending instruments but none is relevant.

M5 The definition was inserted by S.I. 2010/915.

PART 3 U.K. Amendments of subordinate legislation

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

5.—(1) The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 M6 , 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).

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M6 S.I. 2005/2414; relevant amendments were made by S.I. 2006/632.

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

[F1 6.   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).]

Textual Amendments

F1 Reg. 6 substituted (31.12.2020 immediately before IP completion day) by The Reciprocal and Cross-Border Healthcare (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1348), regs. 1, 3

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013 U.K.

7.  In the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013 M7 , 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 M8 .

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M7 S.I. 2013/261; amended by S.I. 2013/2269; there are other amending instruments but none is relevant.

M8 S.I. 2019/777.

The National Health Service (General Medical Services Contracts) Regulations 2015 U.K.

[F2 8.   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”.]

Textual Amendments

F2 Reg. 8 substituted (31.12.2020 immediately before IP completion day) by The Reciprocal and Cross-Border Healthcare (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1348), regs. 1, 4

Commencement Information

I8 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

The National Health Service (Personal Medical Services Agreements) Regulations 2015 U.K.

[F3 9.   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”.]

Textual Amendments

F3 Reg. 9 substituted (31.12.2020 immediately before IP completion day) by The Reciprocal and Cross-Border Healthcare (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1348), regs. 1, 5

Commencement Information

I9 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

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

F4 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 10 omitted (31.12.2020) by virtue of The Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1508), reg. 1(3), Sch. para. 5(a)

F5 PART 4 U.K. Rights etc deriving from the Treaties

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

Textual Amendments

F5 Pt. 4 omitted (1.3.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024 (S.I. 2024/80), reg. 1(2), Sch. para. 12

PART 5 U.K. Amendment of EU Regulations

Regulation (EC) No 883/2004 U.K.

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

Commencement Information

I10 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Regulation (EC) No 987/2009 U.K.

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

Commencement Information

I11 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Regulation (EEC) No 1408/71 U.K.

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

Commencement Information

I12 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Regulation (EEC) No 574/72 U.K.

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

Commencement Information

I13 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

PART 6 U.K. Amendment of the EEA agreement

Amendment of the EEA agreement U.K.

16.  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 ....

Textual Amendments

F6 Words in reg. 16(c) omitted (31.12.2020) by virtue of The Social Security Co-ordination (Revocation of Retained Direct EU Legislation and Related Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1508), reg. 1(3), Sch. para. 5(b)

Commencement Information

I14 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

PART 7 U.K. Savings and transitional provision

Prospective

Savings and transitional provision U.K.

F7 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 17 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

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

Stephen Hammond

Minister of State,

Department for Health and Social Care