5. In regulation 10(1)—
(a)in paragraph (2)(c), at the beginning, insert “subject to paragraph (6),”;
(b)after paragraph (5) insert—
“(6) Paragraph (2) does not apply in respect of relevant services that are provided to an overseas visitor —
(a)who is granted leave to remain in the United Kingdom under Appendix S2 Healthcare Visitor to the immigration rules, and
(b)in respect of whom a waiver to the immigration health charge applies,
where those relevant services are not part of the planned healthcare treatment authorised by that person’s S2 healthcare certificate(2).”.
Regulation 10 was amended by S.I. 2017/756, regulation 12 and S.I. 2020/1152, regulation 2.
An S2 healthcare certificate is issued by an EEA state and Switzerland, and, before it exited the EU, by the United Kingdom. It entitles a person to travel to an EEA state or Switzerland to receive pre-authorised planned treatment on the same basis as the national of that country, with the costs of the treatment being met by the country who issued the S2 healthcare certificate, pursuant to Regulation (EC) No 883/2004. More information is available from https://www.nhs.uk/using-the-nhs/healthcare-abroad/going-abroad-for-treatment/what-is-the-s2-route/ or from European Cross Border Healthcare Team, NHS England, County Hall, Leicester Road, Glenfield, Leicester, LE3 8RA.