The Road Traffic (Health Services Charges) (Appeals) Regulations (Northern Ireland) 2001

Part I General

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Road Traffic (Health Services Charges) (Appeals) Regulations (Northern Ireland) 2001 and shall come into operation on 10th September 2001.

(2) In these Regulations—

“the Act” means the Health and Personal Social Services Act (Northern Ireland) 2001 and any reference to a numbered section is to the section so numbered in the Act;

“the 1998 Order” means the Social Security (Northern Ireland) Order 1998;

“appeal” means, except in regulation 17, an appeal against a certificate under section 29;

“chairman” means a panel member nominated to be chairman of an appeal tribunal in accordance with Article 8(3) of the 1998 Order;

“clerk to the appeal tribunal” means a clerk assigned to the appeal tribunal in accordance with regulation 37 of the Decisions and Appeals Regulations;

“compensator” means a person making a compensation payment within the meaning of section 23(3);

“the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(1);

“Department” means the Department for Social Development;

“legally qualified panel member” means a panel member who satisfies the requirements of paragraph 1 of Schedule 2 to the Decisions and Appeals Regulations;

“panel” means the panel constituted under Article 7 of the 1998 Order in accordance with regulation 35 of and Schedule 2 to the Decisions and Appeals Regulations;

“panel member” means a person appointed to the panel;

“party to the proceedings” means the Department and any person entitled under section 29 to make an appeal;

“President” means the President of appeal tribunals appointed under Article 6 of the 1998 Order.

Service of notices and documents

2.  Where, by any provision of these Regulations—

(a) any notice or other document is required to be given or sent to the clerk to the appeal tribunal or to an officer authorised by the Department, that notice or document shall be treated as having been so given or sent on the day that it is received by the clerk to the appeal tribunal or, as the case may be, by an officer authorised by the Department; and

(b) any notice (including notification of a decision of the Department) or other document is required to be given or sent to any person other than the clerk to the appeal tribunal or, as the case may be, to an officer authorised by the Department, that notice or document shall, if sent by ordinary post to that person’s last known address, be treated as having been so given or sent on the day that it is posted.

(1)

S.R. 1999 No. 162; the relevant amending instruments are S.R. 1999 No. 242 and S.R. 2000 No. 215