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

JurisdictionUK Non-devolved
CitationSI 2015/2025
Year2015

This Statutory Instrument rectifies a defect in and is being issued free of charge to all known recipients of that Statutory Instrument.

2015 No. 2025

NATIONAL HEALTH SERVICE, ENGLAND

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

14thDecember 2015

17thDecember 2015

1stFebruary 2016

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 175 and 272(7) and (8) of the National Health Service Act 2006(1).

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2015 and come into force on 1st February 2016.

(2) In these Regulations, "the Principal Regulations" means the National Health Service (Charges to Overseas Visitors) Regulations 2015(2).

Amendment to regulation 5 of the Principal Regulations

2. In regulation 5(1) of the Principal Regulations (repayment of charges made and recovered by relevant NHS bodies)-

(a) in paragraph (a), after the semi-colon, omit "or";(b) in paragraph (b), after "payable", omit the comma and insert "; or"; and(c) after paragraph (b), add-"(c) received relevant services in respect of which the charge should not have been recovered as a consequence of regulation 6A(2)(b) (provision relating to victims of female genital mutilation and supported individuals),".

Provision relating to victims of female genital mutilation and supported individuals

3. After regulation 6 of the Principal Regulations (provision relating to recovery of charges in respect of refugees and victims of human trafficking), insert-

"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 NHS 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 NHS 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."(3).

Amendment to regulation 8 of the Principal Regulations

4.-(1) Regulation 8(1) of the Principal Regulations (interpretation of this part) is amended as follows.

(2) In the...

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