Explanatory Note
(This note is not part of the Regulations)
Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 provides for a scheme for the recovery of charges in cases where an injured person who receives a compensation payment in respect of the injury has received National Health Service treatment or ambulance services. The charges are specified in certificates issued by the Scottish Ministers, and are payable by persons who pay compensation to the injured person.
Regulation 2 to 10 make provision as to the following matters in connection with the scheme–
(a)the particulars to be included in applications for certificates and the period within which certain applications must be made (regulation 2);
(b)the circumstances when there may be an reduction of the amount of NHS charges where the injured person agrees to have shared responsibility for the injury (regulation 3);
(c)particulars to which a person who is issued with a certificate is entitled to be provided with (regulation 4);
(d)the classes of people who must provide information relating to the injured person to the Scottish Ministers (whether of their own accord or following a request from the Scottish Ministers) and the timeframes within which the information must be provided (regulation 5);
(e)the manner with which the Scottish Ministers must make payments of NHS charges to hospitals and ambulance trusts (including provision where the body who provided the services for which payment is due is no longer in existence) and the information that must accompany those payments (regulation 6);
(f)application of the scheme in respect of structured settlements (regulation 7) and interim payments (regulation 8);
(g)the limitation of the liability of insurers in respect of compensation payments where the insured person’s liability to pay in respect of the injury is greater than that covered by the insurance policy (regulation 9); and
(h)the exclusion of payments made under the Criminal Injuries Compensation Act 1995 and the Vaccine Damage Payments Act 1979 from the scheme (regulation 10).