The National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/777
Year2019
(1) These Regulations may be cited as the National Health Service (Cross-Border Healthcare and Miscellaneous Amendments etc.) (EU Exit) Regulations 2019 and come into force on exit day (2) In these Regulations—
  • the NHS Act 2006” means the National Health Service Act 2006 ;
  • the NHS (Wales) Act” means the National Health Service (Wales) Act 2006 ;
  • the 2013 Regulations” means the National Health Service (Cross-Border Healthcare) Regulations 2013 ;
  • the NHS Functions Regulations” means the National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013 .
(3) An amendment, repeal or revocation made by these Regulations has the same extent and application as the provision being amended, repealed or revoked.(4) The amendments, repeals and revocations made by Parts 2 and 3 take effect subject to the provisions made by Part 5 of these Regulations.(1) The Health and Social Security Act 1984 (2) Omit section 10 (reimbursement of cost of medical and maternity treatment in member States of European Economic Community) .(3) In section 26(4) (extent) omit “section 10”.
  • section 6A (reimbursement of cost of services provided in another EEA state)
  • section 6B (prior authorisation for the purposes of section 6A)
  • section 6BA (reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013)
  • section 6BB (prior authorisation for the purposes of section 6BA)
  • section 6D (regulations relating to EU obligations)
  • section 6E(7) (b) (regulations as to the exercise of functions by the Board or clinical commissioning groups)
  • section 183(a) (ii) (payment of travelling expenses)
  • the definition of “Regulation
  • (1) The NHS (Wales) Act is amended as follows.in subsection (3) , for “Community marketing authorization or United Kingdom” substitute “ UK ”;for subsection (4) substitute—
    • “(4) UK marketing authorisation” has the meaning given by regulation 8(1) of the Human Medicines Regulations 2012 (S.I. 2012/1916) .
    .
    UK marketing authorisation” has the meaning given by regulation 8(1) of the Human Medicines Regulations 2012 (S.I. 2012/1916) .section 6A (reimbursement of cost of services provided in another EEA state) section 6B (prior authorisation for the purposes of section 6A) section 6BA (reimbursement of cost of services provided in another EEA state where expenditure incurred on or after 25 October 2013) section 6BB (prior authorisation for the purposes of section 6BA) section 131(a) (ii) (payment of travelling expenses) the definition of “Regulation (EC) No. 883/2004” in section 206(1) (interpretation) except in so far as it relates to section 131(a) (iii) .
  • section 124(9) (local modifications of prices: agreements) ;
  • section 125(9) (local modifications of prices: applications) .
  • In the Cities and Local Government Devolution Act 2016
  • in article 1(2) (interpretation) , omit the definitions of “Directive 2011/24/EU” and “National Contact Point”;
  • omit article 3(2) (d) (nature and functions of the trust) but not the “and” after it.
  • In Schedule 1 (enactments conferring functions transferred by article 2) to the National Assembly for Wales (Transfer of Functions) Order 1999
  • (1) The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 are amended as follows.for sub-paragraph (b) (including the “or” at the end) substitute—
    • (b) a man who is a national of an EEA State who—(i) immediately before IP completion day was entitled to treatment by virtue of Article 7(2) of Council Regulation 1612/68 as extended by the EEA Agreement or was entitled to treatment by virtue of any other enforceable EU right;(ii) has erectile dysfunction and was on 14th September 1998 receiving a course of treatment under a national health insurance system of an EEA State for that condition with any of the drugs listed in sub-paragraph (a) ; and(iii) immediately before IP completion day was receiving a course of treatment as part of the health service for the condition mentioned in paragraph (ii) of this sub-paragraph with any of the drugs listed in sub-paragraph (a) ; or
    ;
    immediately before IP completion day was entitled to treatment by virtue of Article 7(2) of Council Regulation 1612/68 as extended by the EEA Agreement or was entitled to treatment by virtue of any other enforceable EU right;has erectile dysfunction and was on 14th September 1998 receiving a course of treatment under a national health insurance system of an EEA State for that condition with any of the drugs listed in sub-paragraph (a) ; andimmediately before IP completion day was receiving a course of treatment as part of the health service for the condition mentioned in paragraph (ii) of this sub-paragraph with any of the drugs listed in sub-paragraph (a) ; orfor sub-paragraph (c) (including the “or” at the end) substitute—
    • (c) a man who is not a national of an EEA State but who is the member of the family of such a national and who—(i) immediately before IP completion day had an enforceable EU right to be treated no less favourably than the national in the provision of medical treatment;(ii) has erectile dysfunction and was on 14th September 1998 receiving a course of treatment for that condition with any of the drugs listed in sub-paragraph (a) ; and(iii) immediately before IP completion day was receiving a course of treatment as part of the health service for the condition mentioned in paragraph (ii) of this sub-paragraph with any of the drugs listed in sub-paragraph (a) ; or
    .
    immediately before IP completion day had an enforceable EU right to be treated no less favourably than the national in the provision of medical treatment;has erectile dysfunction and was on 14th September 1998 receiving a course of treatment for that condition with any of the drugs listed in sub-paragraph (a) ; andimmediately before IP completion day was receiving a course of treatment as part of the health service for the condition mentioned in paragraph (ii) of this sub-paragraph with any of the drugs listed in sub-paragraph (a) ; or
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