| Appendix A:
Legislation |
| NHS legislation for Overseas Visitors |
| 1. The statutory provisions covering NHS
charges to overseas visitors are as follows: |
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i. Section 98 of the NHS (Scotland ) Act 1978, as amended
by Section 7(13) and (14) of the Health and Medicines Act 1988;
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ii. The NHS (Charges to Overseas Visitors) ( Scotland)
Regulations 1989 (SI 1989 No. 364), as amended by the NHS (Charges to Overseas Visitors)
(Scotland) Amendment Regulations 1992 (SI 1992 No. 411), the NHS (Charges to Overseas
Visitors) (Scotland) Amendment Regulations 1994 (SI 1994 No 1770); and the NHS (Charges to
Overseas Visitors) (Scotland) Amendment regulations 1998 (SI 1998 No 251) and
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iii. The Functions of Health Boards (Scotland) Order 1991
(SI 1991 No. 570).
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| Note: NHS Trusts are subject to
(i) and (ii) above but not (iii), in accordance with the direction given by
the Secretary of State for Scotland on 12 March 1992 under paragraph 6(2)(e) of Schedule
7A of the 1978 Act. |
| Interpretation |
| 2. Section 98 of the 1978 Act authorises the
Secretary of State for Scotland to set and calculate charges for health services provided
to people not ordinary resident in this country. These charges may be
calculated on any basis considered to be the appropriate commercial basis. |
| 3. The NHS (Charges to Overseas Visitors)
(Scotland) Regulations 1989 are the Principal Regulations but have been subsequently
amended. The Regulations do not contain a list of charges. |
| 4. The Functions of Health Boards (Scotland)
Order 1991 came into force on 1 April 1991. It directs HBs to carry out various functions
on behalf of the Secretary of State for Scotland, this includes a responsibility for
setting charges for overseas visitors. |
| 5. The Direction given by the Secretary of
State on 12 March and effective from 1 April 1992 to the NHS Trusts in Scotland - see
Note 1 above - has the same effect for Trusts as the Functions Order has for Health
Boards. |
| Summary |
| 6. In broad terms: |
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i. Section 98 of the 1978 Act authorises the Secretary of
State to set charges for services provided under the NHS to overseas visitors on an
appropriate commercial basis.
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ii. This task has been delegated to:
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a. Health Boards and DMUs by the 1991 Functions Order,
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b. NHS Trusts by Secretary of State Direction.
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