Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020


8. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, following consultation with the Executive and having regard to the matters specified in subsection (2), make regulations for the purposes of giving full effect to this Part and such regulations may, in particular, but without prejudice to the generality of the foregoing, provide for all or any of the following:

(a) the form and manner in which, and the period during which, an application under section 7 shall be made;

(b) the form and manner in which the Executive shall reimburse an eligible person, or a person acting on his or her behalf, for medical expenses incurred in respect of necessary medical treatment provided in a Member State;

(c) the documentation and certifications, including proof of citizenship and residence, required to accompany an application under section 7;

(d) the class or classes of persons who may, in respect of an eligible person, make an application under section 7 ;

(e) such forms as may be necessary for the purposes of paragraphs (a) to (d);

(f) such additional, incidental, consequential or supplemental matters as the Minister considers necessary or expedient for the purposes of giving effect to this Part.

(2) When making regulations under subsection (1), the Minister shall have regard to the following:

(a) the proper and efficient administration of the reimbursement under section 7, of medical expenses incurred by an eligible person;

(b) the need to ensure the most beneficial, effective and efficient use of resources when reimbursing the expenses referred to in paragraph (a);

(c) the policies and objectives of the Government, having regard to the State’s commitment to the British-Irish Agreement and the State’s membership of the European Union, to enable certain arrangements in relation to health services in respect of eligible persons to be maintained after the end of the transition period.

(3) Regulations under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which that House sits after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under the regulations.

(4) In this section, “British-Irish Agreement” means the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Belfast on the 10th day of April, 1998.