Textual Amendments
F1Words in Sch. 1 heading 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, 12(a)
5. The 2013 Regulations are to be read as if—
(a)in regulation 1(3) (interpretation)—
(i)in the definition of “resident patient”, for the reference to “the United Kingdom is” there were substituted “ immediately before [F2IP completion day] the United Kingdom was ”;
(ii)in the definition of “visiting patient”, for the reference to “a member State other than the United Kingdom is” there were substituted “ immediately before [F2IP completion day] a member State other than the United Kingdom was ”;
(b)in regulation 2 (national contact point: designation), for references to “must” there were substituted “ may ”;
(c)in regulation 3 (NCP: information about treatment in England and Wales)—
(i)in paragraph (1), before “ensure” there were inserted “make reasonable efforts to”;
(ii)in paragraph (2), before “ensure” there were inserted “make reasonable efforts to”;
(d)in the heading to regulation 4 (NCP: information about treatment in a member State), for the reference to “another member State” there were substituted “ a member State ”;
(e)in regulation 4(1)—
(i)before “ensure” there were inserted “make reasonable efforts to”;
(ii)for references to “other member States” there were substituted “ member States ”;
(iii)for the reference to “another member State” there were substituted “ a member State ”;
(f)regulation 4A (NCP: information about prescriptions) were omitted;
(g)in regulation 5 (NCP: cross-border co-operation)—
(i)for paragraph (1) there were substituted—
“(1) In so far as it considers it is appropriate for the purposes of giving effect to regulation 15 of the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019, the NCP must make reasonable efforts to co-operate with the national contact points in member States and any other national contact points in the United Kingdom.”;
(ii)in paragraph (2), after “must” there were inserted “so far as the NCP considers appropriate;
(h)regulation 6 (NCP: duty to consult) were omitted;
(i)in regulation 9(1) (information on rights and entitlements), after “must” there were inserted “ make reasonable efforts to ”;
(j)in regulation 12(1) (information on rights and entitlements), after “must” there were inserted “ make reasonable efforts to ”;
[F3(ja)in regulation 13(2) (NHS charges), in paragraph (a) of the definition of “cross-border healthcare service”, after “visiting patient”, there were inserted “which insofar as it was provided before IP completion day was provided”;]
(k)in the heading to regulation 14 (exemption from NHS charges), for the reference to “another member State” there were substituted “ a member State ”;
(l)in regulation 14—
(i)in paragraph (2), for the reference to “P is” there were substituted “ immediately before [F2IP completion day] P was ”;
(ii)in paragraph (2)(a), for the reference to “is resident” there were substituted “ was resident ”;
(iii)in paragraph (2)(b), for the reference to “is the competent member State” there were substituted “ was the competent member State ”;
[F4(iv)in paragraph (3)(b), for “it is not provided” there were substituted “insofar as the service was provided before IP completion day it was not provided”;]
F5(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(m)regulation 16 (review) were omitted;]
(n)the Schedule (elements that must be included in prescriptions) were omitted.
Textual Amendments
F2Words in Sch. 1 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, 12(a)
F3Sch. 1 para. 5(ja) inserted (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, 12(f)
F4Sch. 1 para. 5(l)(iv) 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, 12(g)
F5Sch. 1 para. 5(l)(v) 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, 12(h)
F6Sch. 1 para. 5(m) 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, 12(i)
Commencement Information
I1Sch. 1 para. 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)
6. The NHS Functions Regulations are to be read as if—
(a)regulation 2(1)(a) (interpretation) were omitted;
(c)in regulation 3 (exercise of functions)—
(i)in paragraph (a), for references to “another EEA state” (in both places) there were substituted “an EEA state”;
(ii)paragraph (b) were omitted;
(c)in regulation 4 (procedure for applications)—
(i)after paragraph (1)(a) there were inserted “and”;
(ii)paragraph (1)(c) and the “and” before it were omitted;
(iii)in paragraph (3)(a), the words “or pursuant to Article 20 or Article 27(3)” were omitted;
(d)in regulation 6(2) (form and content of determination)—
(i)after sub-paragraph (a) there were inserted “or”;
(ii)sub-paragraph (c) and the “or” before it were omitted.]
Textual Amendments
F7Sch. 1 para. 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, 12(j)
Commencement Information
I2Sch. 1 para. 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)