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

(a) at the beginning for the number of the regulation "4." substitute "4. - (1)";

(b) in paragraph (b)-


(i) after "who has resided" insert "lawfully"; and

(ii) for "the completion of one years' residence as aforesaid" substitute "this residence qualification being met"; and



(c) in paragraph (k) after "ten years' continuous" insert "lawful".

    (2) At the end of regulation 4 insert-

    " (2) Where it is established that a person does not meet the residence qualification in paragraph (1)(b) and that person has already received services as part of a course of treatment on the basis that no charges would be made, no charges may be made for the remainder of that course of treatment.".

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

" Exemption from charges during long term visits by United Kingdom pensioners
     4A. No charge shall be made or recovered in respect of any overseas visitor, being a person or the spouse or child of a person, who-


(a) is in receipt of a retirement pension under the Social Security Contributions and Benefits Act 1992[3] or the Social Security (Contributions and Benefits) (Northern Ireland) Act 1992[4];

(b) has resided in the United Kingdom for six months or more and in another member State for six months or less in the year immediately preceding the time when the services mentioned below are provided; and

(c) is not registered as a resident of another member State,



for services forming part of the health service which he receives during the period he resides in the United Kingdom.".

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)-

(a) in-


(i) paragraph (b) after "ten years' continuous" where they first appear; and

(ii) in paragraph (e) after "ten years' continuous",



insert "lawful";

(b) after paragraph (e) insert-



     " or

(f) an authorised child or an authorised companion.".

Exemption from charges for exceptional humanitarian reasons
     6. After regulation 6 (exemption from charges for treatment provided to a member of the forces of the North Atlantic Treaty Organisation) insert a new regulation-

" Exemption from charges for exceptional humanitarian reasons
     6A.  - (1) Where an overseas visitor who has been granted leave to enter the United Kingdom for a course of treatment applies, or someone applies on behalf of that person, for exemption from charges for services forming part of the health service, the Scottish Ministers may determine where they consider that exceptional humanitarian reasons justify it, that no charge shall be made or recovered in respect of that person and that course of treatment.

    (2) Such a determination may only be made by the Scottish Ministers if they are satisfied in the case of that person that-


(a) the treatment specified is not available in that person's home country;

(b) the necessary arrangements have been made for temporary accommodation for that person, the authorised companion (if any) and any authorised child for the duration of the course of treatment; and

(c) the necessary arrangements have been made for the return of that person, the authorised companion (if any) and any authorised child to their home country when the course of treatment is completed.".

Amendment of Schedule 1 to the principal Regulations
     7. In Schedule 1 to the principal Regulations (diseases for the treatment of which no charge is to be made), after "Scarlet fever" insert "Severe Acute Respiratory Syndrome".


MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
1st September 2004

[2] S.I. 1989/364 amended by S.I. 1992/411, 1994/1770 and 1998/251.back

[3] 1992 c.4.back

[4] 1992 c.7.back

  © Crown copyright 2004