SCHEDULES

SCHEDULE 10Recovery of NHS charges: exempted payments

Section 150

I11I31

Any payment made to or for the injured person under—

a

F5Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons),

b

section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (corresponding provision in relation to Scotland), F3...

c

Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (corresponding provision in relation to Northern Ireland) F4or

d

section 8 of the Modern Slavery Act 2015 (slavery and trafficking reparation orders).

I4I122

Any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

a

the injury suffered by the injured person, or

b

any connected injury suffered by another.

I1I13I53

Any payment made out of property held for the purposes of a prescribed trust.

I6I144

1

Any payment made to the injured person by an insurer under the terms of any contract of insurance entered into between the injured person and the insurer before the occurrence of the injury in question.

2

In sub-paragraph (1), “insurer” means—

a

a person who has permission under F2Part 4A of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance, F6...

F6b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Sub-paragraph (2) must be read with—

a

section 22 of the Financial Services and Markets Act 2000,

b

any relevant order under that section, and

c

Schedule 2 to that Act.

I7I155

Any payment which apart from this paragraph would be made by—

a

the responsible body of the health service hospital to whom the payment would subsequently be passed under section 162,

b

the relevant ambulance trust to whom the payment would subsequently be passed under that section.

I8I166

Any payment to the extent that it is made—

a

in consequence of an action under the Fatal Accidents Act 1976 (c. 30),

b

in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or

c

in circumstances where, had an action been brought, it would have been brought under that Act or Order.

I9I177

Any payment to the extent that it is made in respect of a liability arising by virtue of F1any of sections 4 to 6 of the Damages (Scotland) Act 2011 (asp 7).

I2I18I108

Any payment of a prescribed description, either generally or in such circumstances as may be prescribed.