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Statutory Instruments made by the National Assembly for Wales


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URL: http://www.bailii.org/wales/legis/num_reg/2004/20041433e.html

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2004 No. 1433 (W.146)

NATIONAL HEALTH SERVICE, WALES

The National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) Regulations 2004

  Made 25th May 2004 
  Coming into force 31st May 2004 

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 121 and 126(4) of the National Health Service Act 1977[1] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement, application and interpretation
     1.  - (1) These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) Regulations 2004 and shall come into force on 31st May 2004.

    (2) These Regulations apply to Wales.

    (3) In these Regulations "the principal Regulations" ("y prif Reoliadau") means the National Health Service (Charges to Overseas Visitors) Regulations 1989[
2].

Amendment of regulation 1 of the principal Regulations
     2. In regulation 1(2) of the principal Regulations (citation, commencement and interpretation) in the appropriate alphabetical position insert  - 

Amendment of regulation 4 of the principal Regulations
    
3.  - (1) In regulation 4 of the principal Regulations (overseas visitors exempt from charges)  - 

    (2) At the end of regulation 4 add the following paragraphs  - 

Exemption from charges during long term visits by United Kingdom pensioners
    
4. After regulation 4 (overseas visitors exempt from charges) insert a new regulation  - 

Amendment of regulation 5 of the principal Regulations
     5. In regulation 5 (exemption from charges for treatment the need for which arose during the visit)  - 

Exemption from charges for exceptional humanitarian reasons
    
6. After regulation 6A (exemption from charges for exceptional humanitarian reasons) insert a new regulation  - 

Amendment of Schedule 1 to the principal Regulations
     7. After Part III of Schedule I to the principal Regulations (diseases for the treatment of which no charge is to be made) add the following - 



Amendment of Schedule 2 to the principal Regulations
    
8. Delete from Schedule 2 the entry "Hong Kong".



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
6]


D. Elis-Thomas
The Presiding Officer of the National Assembly

25th May 2004



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the National Health Service (Charges to Overseas Visitors) Regulations 1989 which provide for the making and recovery of charges in respect of certain services provided under the National Health Service Act 1977 to certain persons not ordinarily resident in the United Kingdom ("overseas visitors").

Regulations 3 and 5 change the entitlement specifications for several of the existing categories of overseas visitor who are exempt from charges for services.

Regulation 4 exempts certain United Kingdom retirement pensioners who live for at least six months in the United Kingdom and in another Member State for less than six months from charges when they are in the United Kingdom.

Regulation 6 enables the National Assembly for Wales to make a determination in certain circumstances to exempt specified overseas visitors from charges for specified services for exceptional humanitarian reasons and regulation 5 exempts from charges for treatment, the need of which arose during the course of a visit, specified persons who accompany a person to whom an exemption for exceptional humanitarian reasons applies.

Regulation 7 includes Severe Acute Respiratory Syndrome (SARS) in the list in Schedule 1 of treatments exempt from charges.

Regulation 8 removes Hong Kong from Schedule 2 to the 1989 Regulations (countries or territories in respect of which the United Kingdom Government has entered into a reciprocal agreement).


Notes:

[1] 1977 c.49; see section 128 (1) as amended by section 26(2)(g) and (i) of the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), for the definitions of "prescribed" and "regulations". Section 126 (4) was amended by paragraph 37(6) of Schedule 4 to the Health Act 1999 (c.8) ("the 1999 Act"); section 65(2) of the 1990 Act, section 65(1) of, and paragraphs 4 and 37(1) and (6) of Schedule 4 to, the 1999 Act, section 67(1) of, and paragraph 5(1) and (13)(b) of Schedule 5 to, the Health and Social Care Act 2001 (c.15) and sections 6(3)(c) and 37(1) of, and paragraphs 1 and 10(a) of Schedule 8 to, the National Health Service Reform and Health Care Professions Act 2002 (c.17) and section 184 of, and paragraph 38 of Schedule 11 and part 4 of Schedule 14 to, to Health and Social Care (Community Health and Standards) Act 2003 (c.43). The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672, as amended by section 66(5) of the 1999 Act.back

[2] S.I.1989/306.back

[3] 1992 c.4.back

[4] 1999 c.7.back

[5] Regulation 6A was inserted by S.I. 2004/614.back

[6] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 090945 3


  © Crown copyright 2004

Prepared 3 June 2004


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URL: http://www.bailii.org/wales/legis/num_reg/2004/20041433e.html