The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2026
These Regulations amend the 2015 rules governing National Health Service charges for overseas visitors in England by introducing and clarifying exemptions related to specific diseases and the circumstances under which visitors seek treatment.
Specifically, the amendment clarifies that charges must generally be applied if an overseas visitor came to the UK explicitly for the diagnosis or treatment of a condition listed in Schedule 1, unless the travel was state-approved or funded.
Furthermore, the Regulations add Hantavirus disease, including its severe forms, to the list of conditions exempt from visitor charges, ensuring treatment is free for overseas visitors, and mandates that charges made since May 1st, 2026, for this specific disease must not be recovered or must be repaid.
Arguments For
Ensures equitable application of visitor charges by clarifying that visitors travelling specifically for immediate diagnosis or treatment listed in Schedule 1 are normally chargeable, preventing misuse of the exemption system.
Provides a necessary public health measure by retrospectively ensuring that diagnosis and treatment for Hantavirus disease, a potentially serious zoonotic infection, are exempt from overseas visitor charges for services provided since May 1st, 2026, thereby encouraging timely reporting and care.
Maintains necessary safeguard mechanisms by allowing exceptions to the travel restriction if the travel itself was agreed with or funded by the Secretary of State, accommodating specific approved arrangements.
Arguments Against
Imposing charges on visitors who travel for specific necessary treatments could create a barrier to timely access for certain conditions, potentially leading to delayed presentation and increased public health risk if the treatment falls under Schedule 1.
The retrospective application for Hantavirus treatment might create administrative complexity for NHS bodies needing to identify, refund, or cease recovery of charges applied between May 1st and the Regulations' commencement.
Modifying regulations concerning overseas visitor status adds complexity to compliance and administration for NHS finance departments dealing with cross-border care arrangements.
STATUTORY INSTRUMENTS
2026 No. 536
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2026
This identifies the instrument as a Statutory Instrument from 2026, numbered 536.
It specifies that the legislation pertains to the National Health Service within England.
Made - - Laid before Parliament Coming into force - - at 1.02 p.m. on 18th May 2026 at 4.16 p.m. on 18th May 2026 at 6.00 p.m. on 18th May 2026
This details the procedural steps and dates associated with the legislation.
The regulations were officially made by the Secretary of State at 1:02 p.m. on May 18th, 2026, were presented to Parliament, and formally came into legal effect at 6:00 p.m. on the same date.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 175 and 272(7) and (8) of the National Health Service Act 2006( 1 ).
The Secretary of State creates these Regulations using powers explicitly granted by Sections 175 and 272(7) and (8) of the National Health Service Act 2006, which is the primary enabling legislation.
Citation, commencement, extent and application
- -(1) These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2026 and come into force at 6.00 p.m. on 18th May 2026.
- (2) These Regulations extend to England and Wales and apply to England only.
The first regulatory section establishes how the document is formally referenced (citation) and when it begins (commencement), which is 6:00 p.m. on May 18th, 2026.
It also defines the geographical scope, stating that the Regulations apply legally only within England, even though they extend to both England and Wales for formal legislative reach.
Amendment of the National Health Service (Charges to Overseas Visitors) Regulations 2015
- -(1) The National Health Service (Charges to Overseas Visitors) Regulations 2015( 2 ) are amended as follows.
This section begins the substantive changes by stating that the core purpose is to modify the existing National Health Service (Charges to Overseas Visitors) Regulations that were established in 2015.
(2) In regulation 9-
- (a) in paragraph (1)(d) after 'Schedule 1', insert ', provided that the overseas visitor has not travelled to the United Kingdom for the purpose of seeking that diagnosis or treatment, unless it is by means of a form of transport which has been agreed with or funded by the Secretary of State'.
A change modifies Regulation 9, paragraph (1)(d) of the 2015 Regulations.
It inserts a condition regarding exemptions for diagnosis or treatment of conditions listed in Schedule 1.
Now, the exemption does not apply if the overseas visitor explicitly travelled to the UK specifically to get that treatment, unless their travel was arranged or paid for by the Secretary of State.
- (b) after paragraph (3), insert-
'(4) Paragraph (2) also applies in the case of an overseas visitor who, on or after 1st May 2026 but before this paragraph came into force, was provided with services for the diagnosis or treatment of hantavirus disease, including hantavirus pulmonary or cardiopulmonary syndrome and haemorrhagic fever with renal syndrome.'.
A new paragraph (4) is added after paragraph (3) of Regulation 9.
This new rule mandates that the rules concerning charging (or exemptions) detailed in paragraph (2) will also apply to any overseas visitor who received diagnosis or treatment for Hantavirus disease between May 1st, 2026, and the time these new Regulations officially take effect.
(3) In Schedule 1 at the appropriate place, insert 'Hantavirus disease, including hantavirus pulmonary or cardiopulmonary syndrome and haemorrhagic fever with renal syndrome'.
The amendment adds a specific entry to Schedule 1 of the 2015 Regulations.
This newly added entry is 'Hantavirus disease, including hantavirus pulmonary or cardiopulmonary syndrome and haemorrhagic fever with renal syndrome', making services for this disease exempt from charging regardless of the new travel restrictions applied in 2(a).
Signed by the authority of the Secretary of State for Health and Social Care at 1.02 p.m. on 18th May 2026
Sharon Hodgson Parliamentary Under-Secretary of State Department of Health and Social Care
This section confirms that the instrument was signed on behalf of the Secretary of State for Health and Social Care by Sharon Hodgson, a Parliamentary Under-Secretary of State, on May 18th, 2026.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the National Health Service (Charges to Overseas Visitors) Regulations 2015 (S.I. 2015/238) ('the 2015 Regulations') which provide for the making and recovery of charges for relevant services provided under the National Health Service Act 2006 (c. 41) to overseas visitors, i.e. persons not ordinarily resident in the United Kingdom.
This note explains that the instrument amends the existing 2015 Regulations, which currently dictate how charges are made and recovered for NHS services provided to persons who are not normally resident in the UK (overseas visitors).
Regulation 2 amends regulation 9 of the 2015 Regulations to provide that the exemption from charges for diagnosis or treatment of conditions listed in Schedule 1 does not apply to overseas visitors who have travelled to the United Kingdom for the purpose of seeking that diagnosis or treatment, unless it is by means of a form of transport which has been agreed with or funded by the Secretary of State. Amendments are also made to ensure that charges are not made or recovered for the diagnosis or treatment of hantavirus disease, including hantavirus pulmonary or cardiopulmonary syndrome and haemorrhagic fever with renal syndrome on or after 1st May 2026 and before 6.00 p.m. on 18th May 2026, and that any sums paid are re-paid.
The amendment to Regulation 9 clarifies that if a visitor comes to the UK specifically seeking treatment for a listed condition, they lose the benefit of exemption, unless state funding or agreement covers their travel.
Concurrently, the change mandates that Hantavirus disease treatment provided on or after May 1st, 2026, must be treated as exempt, requiring NHS bodies to refund any charges already collected for that specific period.
Regulation 3 amends Schedule 1 of the 2015 Regulations to add hantavirus disease, including hantavirus pulmonary or cardiopulmonary syndrome and haemorrhagic fever with renal syndrome.
Regulation 3 specifically updates Schedule 1 of the 2015 Regulations by adding Hantavirus disease and its specified syndromes to the list of conditions for which overseas visitors receive free NHS treatment.
A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.
The government determined that a full regulatory impact assessment was unnecessary for this instrument because the expected financial or operational effect on the private, voluntary, or public sectors is considered negligible or nonexistent.
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