The Personal Injuries (NHS Charges) (Amounts) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 (the “2003 Act”) 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 hospital treatment or ambulance services. The charges in relation to hospital treatment and ambulance services in England and Wales are specified in certificates issued by the Secretary of State and are payable by persons who pay compensation to the injured person. The Scottish Ministers issue similar certificates in relation to charges in respect of hospital treatment and ambulance services in Scotland.

These Regulations consolidate and clarify the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 and increase the amounts to be specified in certificates with effect from 1st April 2015. They apply in relation to England and Wales.

Regulation 2 makes provision about the amount of NHS charges to be specified in the certificates. The amounts themselves are set out in Schedule 1, and include a maximum amount which can be specified in a certificate.

Regulation 3 gives further information about how charges should be specified in a certificate where the compensation payment is made in two stages.

Regulation 4 states that where a charge has been made for treatment under the overseas visitors charging regime, then the amount specified in the certificate issued under Part 3 of the 2003 Act in respect of that treatment is reduced to £0.

Regulation 5 gives details of treatment to be taken into account when issuing the certificate.

Regulation 6 deals with a situation in which liability is apportioned between two or more people paying NHS charges (“compensators”) and states that the Secretary of State must determine the liability of each compensator and apportion the NHS charges between them.

Regulation 7 makes provision for the adjustment of amounts where certificates are issued by both the Secretary of State and the Scottish Ministers for the same injury.

The amount specified in a certificate may be subject to redetermination, adjustment, review or appeal. Where, as a result, the amount specified in a certificate is reduced and the compensator has overpaid, regulation 8 provides for the Secretary of State to repay, or require the relevant NHS body to repay, the difference to the compensator.

Regulation 9 deals with the corresponding situation, in which the amount specified in the certificate is increased as a result of a redetermination, review or appeal, and requires the compensator to pay the additional amount to the Secretary of State.

Regulation 10 provides for the provision of statements to a compensator when adjustments are made under regulations 8 or 9, and regulation 11 provides for a similar statement to be provided to the relevant NHS body.

Regulation 12 revokes the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 and amending regulations listed in Schedule 2. It also contains savings provisions, the effect of which is that the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 (as amended) continue to apply in relation to an injury if a certificate has been issued, or a compensation payment made (but no certificate issued), before the date on which these Regulations come into force.

A full impact assessment has not been prepared for these Regulations as a negligible impact on business, charities or voluntary bodies is foreseen.