(This note is not part of the Regulations)
These Regulations (which apply to England and Wales) amend the National Health Service Act 1977 and the National Health Service and Community Care Act 1990 to implement European obligations (arising from decisions of the European Court of Justice, in particular case C-157/99 BSM Geraets-Smits v Stichting Ziekenfonds VGZ and HTM Peerbooms v Stichting CZ Groep Zorgverzekeringen) and enable rights to be enjoyed relating to the freedom to provide services. They also make provision for the purpose of dealing with matters arising out of or related to such obligations or rights with regard to the rest of the world.
Regulation 3(1) amends section 3 of the 1977 Act by expressly enabling the Secretary of State to provide anything listed in subsection (1) outside England and Wales.
Regulation 3(2) repeals section 5(2)(b) of the 1977 Act.
Regulation 4 adds a new paragraph 15A to Schedule 2 to the 1990 Act enabling NHS Trusts to arrange for the provision of accommodation and services outside England and Wales.
Trade & Freedom to Trade93
Freedom to Provide & Receive Services93