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The National Health Service (Charges to Overseas Visitors) Regulations 2015

Type Statutory-Instrument
Publication 2015-02-05
Last updated 2023-11-06
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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56

The definition of “entry clearance” in section 33(1) was amended by the British Nationality Act 1981 (c. 61), Schedule 4, paragraph 2, and the Immigration Act 1988 (c. 14), Schedule, paragraph 5.

57

The meaning of ordinary residence in section 175 of the 2006 Act was amended by section 39 (related provision: charges for health services) of the Immigration Act 2014 (c. 22) which has not yet come into force.

59

1984 c. 24; to which there are amendments not relevant to these Regulations.

60

“Facilities” is defined in s275(1) of the 2006 Act.

63

Cm 1775. The Convention entered into force in respect of the United Kingdom on 7th January 1989.

64

“Hospital” is defined in section 275(1) of the 2006 Act.

65

It is anticipated that an order will be made under section 38 of the Immigration Act 2014 to be in force on the 6th April 2015, but if that is not the case then regulations 10, 11 and 25(3) have no practical effect until such time as an order is made.

66

1971 c. 77; section 3C was amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), section 118; the Immigration, Asylum and Nationality Act 2006 (c. 13), section 11(1) to (4); and the Immigration Act 2014 (c. 22) (the 2014 Act), Schedule 9, paragraphs 20 and 21.

67

Section 3D was amended by the Immigration, Asylum and Nationality Act 2006, section 11(5) and the 2014 Act, Schedule 9, paragraphs 20 and 22.

68

1999 c. 33; section 95 was amended by the Nationality, Immigration and Asylum Act 2002 (c. 41), section 44(1) and (6) and 50(1).

70

1989 c. 41; section 22(1) was amended by the Local Government Act 2000 (c. 22), Schedule 5, paragraph 19; the Children (Leaving Care) Act 2000 (c. 35), section 2(1) and (2), and the Adoption and Children Act 2002 (c. 38), section 116(2).

71

1983 c. 20. Section 17A(3) of the Mental Health Act 1983, which was inserted by section 32(1) and (2) of the Mental Health Act 2007 (c. 12) (“the 2007 Act”), defines “community treatment order” for the purposes of that Act.

73

Section 4A was inserted by the 2007 Act, section 50(1) and (2).

74

Section 4B was inserted by the 2007 Act, section 50(1) and (2).

75

Schedule A1 was inserted by the 2007 Act, Schedule 7.

76

1952 c. 52; section 43(1) was amended by the Criminal Justice Act 1988 (c. 33), Schedule 8, paragraph 1, Schedule 15, paragraph 11, Schedules 16 and 18; the Criminal Justice and Public Order Act 1994 (c. 33), section 5(2), 18(3) and Schedule 11; the Crime and Disorder Act 1998 (c. 37), Schedule 8, paragraph 6; the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Schedule 9, paragraph 5(1) and (2); the Criminal Justice and Immigration Act 2008 (c. 4), Schedule 26, paragraph 3, and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), Schedule 12, paragraph 4.

77

1971 c. 77; Schedule 2 was amended by the Criminal Justice Act 1972 (c. 71), Schedule 6, Part II; the British Nationality Act 1981 (c. 61), Schedule 4, paragraphs 2 and 3(1); the Immigration Act 1988 (c. 14), Schedule, paragraphs 6 to 9 and 10(1); the Asylum and Immigration Act 1996 (c. 49), Schedule 2, paragraphs 5 to 12 and Schedule 4; the Access to Justice Act 1999 (c. 22), Schedule 13, paragraph 70; the Immigration and Asylum Act 1999 (c. 33), section 18, 19, 132(2), 134(2), 135(2), 136(2), 139(2), 140, Schedule 14, paragraphs 43, 56 to 65, 67 and Schedule 16; the Nationality, Immigration and Asylum Act 2002 (c. 41), sections 63, 64, 73(1) and (5), 119 and Schedule 7, paragraphs 2, 4 and 6; the Courts Act 2003 (c. 39), Schedule 8, paragraph 149; the Health Protection Agency Act 2004 (c. 17), Schedule 3, paragraph 3; the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), section 16, 18 and Schedules 2 and 4, paragraph 1; the Immigration, Asylum and Nationality Act 2006 (c. 13), sections 27, 31 and 42 and Schedule 3; the Immigration Act 2014 (c. 22), section 5, 7, 9, 13, Schedule 1, paragraphs 1, 2(1) and 3, Schedule 2, paragraph 1, Schedule 8, Schedule 9, paragraphs 1, 20, 23 and 72; S.I. 1990/2227, 1993/1813, 2010/21 and 2014/1704.

78

Schedule 3 was amended by the Criminal Justice Act 1982 (c. 48), Schedule 10; the Immigration Act 1988 (c. 14), Schedule, paragraph 10(2); the Asylum and Immigration Act 1996 (c. 49), Schedule 2, paragraph 13; the Immigration and Asylum Act 1999 (c. 33), section 54 and Schedule 14, paragraphs 43 and 68; the Nationality, Immigration and Asylum Act 2002 (c. 41), Schedule 7, paragraph 7 and 8; the Courts Act 2003 (c. 39), Schedule 8, paragraph 150 and Schedule 10; the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), section 34; the Immigration, Asylum and Nationality Act 2006 (c. 13), section 53, and the Immigration Act 2014 (c. 22), Schedule 1, paragraph 2(2) and Schedule 9, paragraphs 9, 20 and 24.

79

2002 c. 41; section 62 was amended by the Prevention of Terrorism Act 2005 (c. 2), section 16(2)(c) and the Immigration Act 2014 (c. 22), Schedule 9, paragraphs 3(1), (2) and 13.

81

2007 c. 30; section 2 was amended by the Borders, Citizenship and Immigration Act 2009 (c. 11), section 52(1).

82

1952 c. 52. There are amendments to section 53(1) but none are relevant.

83

2006 c. 52; “the regular forces” and “the reserve forces” are defined in section 374 of the Armed Forces Act 2006 as amended by the Defence Reform Act 2014 (2014 c. 20), section 44(3)(a), (b) and (4).

84

Cmd. 9363.

85

S.I. 1979/597, amended by S.I. 1980/1927; there are other amending instruments but none is relevant.

86

S.I. 2011/517, amended by S.I. 2011/2552; there are other amending instruments but none is relevant.

87

Cmd. 9512. The Convention entered into force in respect of the United Kingdom on 7th September 1954.

88

Cmd. 2643. The Charter entered into force in respect of the United Kingdom on 11th July 1962. Article 13 provides the right to social and medical assistance.

89

The Guidance may be obtained from the World Health Organisation website: http://www.who.int/influenza/preparedness/pandemic/influenza_risk_management/en/ or from the Department of Health, Pandemic Influenza Preparedness Team, Room 101 Richmond House, 79 Whitehall, London SW1A 2NS.

93

The impact assessment is available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/331623/Impact_assessment.pdf or from the Overseas Visitors Team, Room 2N15, Quarry House, Leeds LS2 7UE.

176

Word in Sch. 2 inserted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2021 (S.I. 2021/1123), reg. 2

Provision relating to victims of female genital mutilation and supported individuals

6A

  • (1) This paragraph applies to an overseas visitor who received relevant services from a relevant body during the period beginning on 6th April 2015 and ending on 31st January 2016, where—
  • (a) those services were provided for the treatment of a condition, which was caused by female genital mutilation in the circumstances described in paragraph (d) of the definition of “female genital mutilation” in regulation 8(1) (interpretation of this part); or
  • (b) at the time the relevant services were provided—
  • (i) the overseas visitor was a person in respect of whom an application to be granted temporary protection, asylum or humanitarian protection under the immigration rules had been rejected; and
  • (ii) the overseas visitor was supported under Part 1 (care and support) of the Care Act 2014 by the provision of accommodation.
  • (2) A relevant body which, in respect of an overseas visitor to whom paragraph (1) applies, has—
  • (a) yet to make a charge under regulation 3 (obligation to make and recover charges), must not make the charges; or
  • (b) made charges under regulation 3 but has yet to recover the charges, must not recover the charges.

Charges imposed on overseas visitors

Victims of modern slavery

Obligation to record information against an overseas visitor’s consistent identifier

3A

  • (1) An NHS foundation trust or an NHS trust that, in meeting its obligations under regulation 3, determines that a person is an overseas visitor must, as soon as it is practicable to do so, record against the overseas visitor’s consistent identifier—
  • (a) the fact that the person has been determined to be an overseas visitor;
  • (b) the date on which that determination was made; and
  • (c) whether Part 4 (overseas visitors exempt from charges) provides for no charge to be made.
  • (2) In this regulation, “consistent identifier” means a consistent identifier specified in regulation 2 of the Health and Social Care Act 2012 (Consistent Identifier) Regulations 2015.

Liability for payment of charges

Repayment of charges made and recovered by relevant NHS bodies

Provision relating to recovery of charges in respect of refugees and victims of modern slavery

Provision relating to victims of female genital mutilation and supported individuals

Charges imposed on overseas visitors

Interpretation of this Part

9A

In this Part—

  • “chargeable assisted conception services” means any medical, surgical or obstetric services provided for the purpose of assisting a person to carry a child, other than—a service that NHS England must arrange under the following regulations of the NHS England and integrated care boards (Responsibility and Standing Rules) Regulations 2012—regulation 7 (services for serving members of the armed forces and their families);regulation 8 (infertility treatment: seriously injured serving members and veterans); orregulation 9 (infertility treatment: further provision); ora service provided as part of a course of treatment, where that course of treatment began before 21st August 2017.

Immigration health charge

Overseas visitors who have made applications for entry clearance or leave to remain prior to the commencement of the immigration health charge

Overseas visitors with EU rights

Overseas visitors who are treated as if entitled under the Social Security Coordination Regulation

Reciprocal health care agreements

Refugees, asylum seekers, supported individuals and looked after children

Victims of modern slavery

Exceptional humanitarian reasons

Overseas visitors detained in hospital or subject to court ordered treatment

Prisoners or detainees

Members of the regular and reserve forces, Crown servants and others

NATO forces

War pensioners and armed forces compensation scheme payment recipients

Employees on ships

Treatment the need for which arose during the visit

Family members of overseas visitors

Repayment of a sum recovered or secured by a relevant body

Family members of British citizens of Northern Ireland

14C

  • (1) No charge may be made or recovered in respect of relevant services provided to an overseas visitor who—
  • (a) is ordinarily resident in the United Kingdom (disregarding section 39 of the Immigration Act 2014 (immigration health charge related provision: charges for health services));
  • (b) has leave to enter or remain under Appendix EU to the immigration rules granted on the basis of a relationship with a relevant person of Northern Ireland; and

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