Cross Border Healthcare & Patient Mobility: Public Consultation on Scotland's Transposition and Implementation of Directive 2011/24 EU on the Application of Patients' Rights in Cross-border Healthcare.

This consultation document sets out the Scottish Government’s approach to implementation of the EU Directive on the application of patients’ rights in cross-border healthcare. It seeks views on the detail of the implementation, and examines the effects the Directive may have on Scotland’s health system.

Previous consultations & reference material

The European Commission's original proposal for a Directive

3.1 The Scottish Government consulted on the first draft of the Directive when it was published in July 2008. This consultation set out the rationale for the Commission's intervention in this area, the measures being proposed to make cross-border healthcare a success for European citizens and respondents were requested to contribute views to inform negotiations on the Directive.

3.2 The consultation documentation and responses to it are available to download from the Scottish Government's website via the following link:

2010 Interim Regulations

3.3 In 2010 the Scottish Government sought views from within the NHS in Scotland on the establishment of prior authorisation and reimbursement arrangements in respect of applications from patients to access cross-border healthcare under the provisions of Article 49 (now Article 56) of the Treaty. It then introduced interim Reimbursement Regulations, which came into force in July 2010, and supporting guidance CEL (2010) 30, which can be downloaded at:

The Administrations That Make Up the UK

3.4 Health is a devolved matter and Health Departments in England, Wales, Northern Ireland and Gibraltar4 will be using their own consultation and other legislative processes to seek views on the Directive in their respective countries. However, each of the Health Departments must work closely to arrive at consistent positions, as far as this can be achieved.

For details of the consultation in England, please contact:

Rob Dickman

Department of Health
EU & International Cross Border Healthcare Policy
Strategy, Finance and NHS Directorate
Room 218
Richmond House
79 Whitehall


For details of the consultation in Wales, please contact:

Chris Riley

Strategic Planning and Direction Unit
Department of Health and Social Services
Welsh Assembly Government
Cathays Park
CF10 3NQ


For details of the consultation in Northern Ireland, please contact:

Andrea Begley

General Medical Services Branch
Room D3
Castle Buildings



Email: John Brunton

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