NATIONAL HEALTH SERVICE Citation, commencement and interpretation 1 1 These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Scotland) Amendment Regulations 2004 and shall come into force on 28th September 2004. 2 In these Regulations, a reference to “the principal Regulations” is a reference to the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 . Amendment of regulation 1 of the principal Regulations 2 In regulation 1(2) of the principal Regulations (citation, commencement and interpretation) after the definition of “the Act” insert– “authorised child” means a child who has either been granted leave to enter the United Kingdom with his parent for the purpose of the parent obtaining a course of treatment in respect of which no charges are payable under regulation 6A or is the child of an authorised companion; “authorised companion” means a person who has been granted leave to enter the United Kingdom to accompany a person who is obtaining a course of treatment in respect of which no charges are payable under regulation 6A; . 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 or the Social Security (Contributions and Benefits) (Northern Ireland) Act 1992 ; 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