Jersey R & O 8189
ACT 1991 REGARDING HEALTH CARE AGREEMENT WITH NORWAY
Act, dated 26th March 1991, with regard to a Reciprocal
Agreement between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of the Kingdom of Norway concerning medical
treatment
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(Promulgated on the 27th day of March 1991)
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STATES OF JERSEY
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The 26th day of March
1991
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WHEREAS –
A. a
Convention on Social Security between the Government of the United Kingdom of
Great Britain and Northern Ireland and the Government of the Kingdom of Norway
(hereinafter referred to as “the Convention”) and a Protocol
supplementing the Convention and concerning medical treatment (hereinafter
referred to as “the Protocol”) were signed on behalf of those
Governments at Oslo on the nineteenth day of June 1990;
B. by
Article 38 of the Convention it is provided that the Convention shall enter
into force on the first day of the third month following the month in which the
instruments of ratification are exchanged;
C. by
Article 11 of the Protocol it is provided that the Protocol shall form an
integral part of, and shall enter into force at the same time as, the
Convention;
D. the
Convention has been ratified by the said Governments and the instruments of
ratification were exchanged on the thirty-first day of January 1991 and
accordingly the Convention and the Protocol enter into force on the first day
of April 1991;
E. the
States have given effect to the Convention by making the Family Allowances,
Attendance Allowances and Social Security (Reciprocal Agreement with Norway)
(Jersey) Act 1991;
F. it
is desirable to give effect to the Protocol:
NOW, THEREFORE, THE STATES have resolved
as follows –
1. The
provisions of the Protocol concerning medical treatment set out in the Schedule
to this Act shall have effect with respect to the provision of medical
treatment to residents of the Kingdom of Norway who are temporarily in the
Bailiwick.
2. This
Act shall come into force on the first day of April 1991.
R.S. GRAY
Greffier of the States.
SCHEDULE
[The text of the Protocol will be set out in full in the final
version of the Act of the States and a copy of the text is available at the
States’ Greffe].
PROTOCOL CONCERNING MEDICAL TREATMENT
Supplementary to the Convention on Social Security between the
Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of the Kingdom of Norway signed this day.
The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of the Kingdom of Norway;
Desiring to provide a national of either of the two Parties during
a temporary stay in the territory of the other Party with immediate medical
treatment;
Have agreed as follows:
ARTICLE 1
(1) For
the purpose of this Protocol:
(a)
“medical treatment”
means:
(i) in
relation to Great Britain and Northern Ireland and to the Isle of Man,
treatment by services provided under national health legislation in force in
Great Britain and Northern Ireland and the Isle of Man and administered by
health authorities or by the Isle of Man Department of Health and Social
Security respectively;
(ii) in
relation to the Island of Jersey, hospital medical and nursing services,
including dental, ophthalmic and pharmaceutical services provided by or through
the Public Health Committee of the States of Jersey;
(iii) in
relation to Norway, benefits provided under Chapter 2 of the National Insurance
Act of 17th June 1966;
(b) “nationals”
means:
(i) in
relation to the United Kingdom, all persons who are recognised by the
Government of the United Kingdom as their nationals, provided they are
ordinarily resident in the territory of the United Kingdom as defined in the
Convention;
(ii) in
relation to Norway, Norwegian nationals as defined in the relevant Norwegian
legislation;
(c) “competent
authority” means:
(i) in
relation to Great Britain and Northern Ireland, the Department of Health;
(ii) in
relation to the Isle of Man, the Isle of Man Department of Health and Social Security;
(iii) in
relation to Jersey, the Public Health Committee of the States of Jersey;
(iv) in
relation to Norway, the Ministry of Social Affairs.
(2) All
other terms and expressions have the meaning assigned to them in the
Convention.
ARTICLE 2
(1) United
Kingdom or Norwegian nationals ordinarily resident in the United Kingdom who
are temporarily in the territory of Norway and whose condition necessitates
immediate medical treatment shall be provided, on the production of a valid
passport, with the medical treatment which is required by their condition.
(2) Norwegian
or United Kingdom nationals resident in Norway or insured for medical treatment
under the Norwegian National Insurance Act who are temporarily in the territory
of the United Kingdom and whose condition necessitates immediate medical
treatment shall be provided, on production of a valid passport, with treatment
which, in the opinion of a member of the medical or dental profession employed
in the National Health Service, or under contract to it, is required by their
condition.
ARTICLE 3
The provisions of Article 2 shall not apply in cases where
nationals of one Party go to the territory of the other Party for the purpose
of obtaining medical treatment under this Protocol unless the person seeking
treatment:
(1) is
employed on a ship or vessel registered in the United Kingdom or in the Isle of
Man or in the Island of Jersey or in Norway; or
(2) is
a passenger on a ship or vessel; and
(3) is
employed on the United Kingdom or the Norwegian Continental Shelf Area,
and is taken to the territory of the other Party for the purpose of
obtaining necessary medical treatment.
ARTICLE 4
Persons covered by Article 3 of the Convention who move from the
territory of one Party to become resident in the territory of the other Party
shall be entitled to medical treatment under the legislation of the Party in
whose territory they have become resident, even in respect of an illness which
had occurred during periods when they were subject to the legislation of the other
Party. This provision shall not apply in cases where a person moves to the
territory of either Party for the purpose of obtaining medical treatment.
ARTICLE 5
Detached workers covered by Article 6 of the Convention, including
accompanying family members, shall be provided with medical treatment during
the period of detachment by the Party in whose territory they have been sent to
work. Such persons shall produce documentation as required under that Article.
ARTICLE 6
Medical treatment provided under this Protocol shall be available
on terms no less favourable, including payment of appropriate charges, than
those which apply:
(1) in
the case of the United Kingdom, to a person resident in the territory of the
United Kingdom; or
(2) in
the case of Norway, to a person insured for medical treatment under the
National Insurance Act.
ARTICLE 7
Apart from charges normally met by nationals of either Party, the
costs of medical treatment under this Protocol shall be borne by the competent
authorities of each Party, except for those costs which are the responsibility
of employers in accordance with the relevant legislation of the Parties.
ARTICLE 8
The costs of the transport of persons from the Continental Shelf
Areas, ships or vessels to the territory of either Party shall not be borne by
the competent authorities of either Party.
ARTICLE 9
The competent authorities shall send to each other as soon as
possible details of any changes in laws or regulations operating in their
respective territories which may significantly affect the nature and scope of
services provided under this Protocol.
ARTICLE 10
Any disagreement relating to this Protocol shall be resolved by
consultation between the competent authorities.
ARTICLE 11
This Protocol, which shall enter into force at the same time as the
Convention shall form an integral part of the Convention.
In witness whereof the undersigned, duly authorised thereto by
their respective governments, have signed this Protocol.
Done in duplicate at Oslo this 19th day of June 1990 in the English
and Norwegian languages, both texts being equally authoritative.
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For the Government of the United Kingdom of Great
Britain and Northern Ireland:
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For the Government of the Kingdom of Norway:
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D.J.E. RATFORD
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WENCHE FROGN SELLAEG
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