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Road Traffic (NHS Charges) Act 1999

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2Applications for certificates of NHS charges

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(1)Before a person makes a compensation payment in respect of the injury or death of a traffic casualty, he may apply to the Secretary of State for a certificate under this section.

(2)If the Secretary of State receives an application under subsection (1), he must arrange for a certificate to be issued as soon as is reasonably practicable.

(3)Such a certificate is to be known as a “certificate of NHS charges” but is referred to generally in this Act as a “certificate”.

(4)A certificate may provide that it is to remain in force—

(a)until a specified date;

(b)until the occurrence of a specified event; or

(c)indefinitely.

(5)A person may apply under subsection (1) for a fresh certificate from time to time.

(6)Subsection (2) does not require the Secretary of State to arrange for a fresh certificate to be issued to a person applying under subsection (5) if, when the application is received, a certificate issued to the applicant in respect of the casualty is still in force; but the Secretary of State may arrange for a fresh certificate to be issued so as to have effect on the expiry of the current certificate.

(7)If a certificate expires, the Secretary of State may arrange for a fresh certificate to be issued without an application having to be made.

(8)In the circumstances mentioned in subsection (9), a person who has made a compensation payment in respect of the injury or death of a traffic casualty must apply to the Secretary of State for a certificate.

(9)The circumstances are that—

(a)at the time the payment is made—

(i)no certificate has been issued to him in respect of the casualty; or

(ii)if such a certificate has been issued to him, it is no longer in force; and

(b)no application for a certificate has been made by him during the prescribed period ending immediately before the day on which the compensation payment is made.

(10)An application for a certificate must be made in the prescribed manner and, in the case of an application under subsection (8), within the prescribed period.

(11)On receiving an application under subsection (8), the Secretary of State must arrange for a certificate to be issued as soon as is reasonably practicable.

(12)The Secretary of State may arrange for certificates to be issued by electronic means.

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