The Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2004

Scottish Statutory Instruments

2004 No. 76

NATIONAL HEALTH SERVICE

ROAD TRAFFIC

The Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2004

Made

24th February 2004

Laid before the Scottish Parliament

27th February 2004

Coming into force

1st April 2004

The Scottish Ministers, in exercise of the powers conferred by sections 3(2) and (4) and 16(2)(a) and (b) of the Road Traffic (NHS Charges) Act 1999(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2004 and shall come into force on 1st April 2004.

(2) These Regulations extend to Scotland only.

Amendment of the Road Traffic (NHS Charges) Regulations 1999

2.—(1) The Road Traffic (NHS Charges) Regulations 1999(2) are amended as follows.

(2) In regulation 4B(1) after “1st January 2003” insert “and before 1st April 2004”.

(3) After regulation 4B, insert–

“Amount of NHS Charges – incidents on or after 1st April 2004

4C.— (1) This regulation applies to any compensation payment made in respect of an incident which occurred on or after 1st April 2004.

(2) Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify–

(a) when the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £473; or

(b) subject to paragraphs (3) and (4), where the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital, the sum of £582 for each day or part day of admission.

(3) Where the traffic casualty was admitted to hospital on one day and discharged on another day, the day of discharge shall be disregarded for the purposes of paragraph (2)(b).

(4) The maximum amount, which may be specified in a certificate to which paragraph (2)(b) applies shall be £34,800.”.

(4) In regulation 6(b) (particulars of amounts specified in certificate) for “4A(2)(b) or (c) or 4B(2)(b)” there is substituted “4A(2)(b) or (c), 4B(2)(b) or 4C(2)(b)”.

(5) In regulation 13(2) (multiple compensation payments) for “4A or 4B” there is substituted “4A, 4B or 4C”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

24th February 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Traffic (NHS Charges) Regulations 1999 (“the 1999 Regulations”) which provide for a scheme for the recovery from insurers and other persons of charges in connection with the treatment of road traffic casualties by the National Health Service.

The effect of the Regulations is to increase those charges in relation to incidents giving rise to treatment which occur on or after 1st April 2004.

Where a road traffic casualty receives NHS treatment but is not admitted to hospital the charge is increased from £452 to £473 in relation to incidents occurring on or after 1st April 2004.

Where a road traffic casualty receives NHS treatment and is admitted to hospital the daily charge is increased from £556 to £582 in relation to incidents occurring on or after 1st April 2004. The maximum charge which can be made for such treatment is increased from £33,000 to £34,800 in relation to incidents occurring on or after 1st April 2004.

(1)

1999 c. 3. Section 17 contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. Section 21(4) provides that for the purpose of the Scotland Act 1998 (c. 46) the Road Traffic (NHS Charges) Act 1999 shall be taken to be a pre-commencement enactment. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

S.I. 1999/785 as amended by S.S.I. 2001/466, 2002/56 and 2002/528.