- Latest available (Revised)
- Point in Time (06/04/2010)
- Original (As enacted)
Point in time view as at 06/04/2010.
Health and Social Care (Community Health and Standards) Act 2003, Section 150 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies if—
(a)a person makes a compensation payment to or in respect of any other person (the “injured person”) in consequence of any injury, whether physical or psychological, suffered by the injured person, and
(b)the injured person has—
(i)received NHS treatment at a health service hospital as a result of the injury,
(ii)been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a health service hospital for NHS treatment (unless he was dead on arrival at that hospital), or
(iii)received treatment as mentioned in sub-paragraph (i) and been provided with ambulance services as mentioned in sub-paragraph (ii).
(2)The person making the compensation payment is liable to pay the relevant NHS charges—
(a)in respect of—
(i)the treatment, in so far as received at a hospital in England or Wales,
(ii)the ambulance services, in so far as provided to take the injured person to such a hospital,
to the Secretary of State,
(b)in respect of—
(i)the treatment, in so far as received at a hospital in Scotland,
(ii)the ambulance services, in so far as provided to take the injured person to such a hospital,
to the Scottish Ministers.
(3)“Compensation payment” means a payment, including a payment in money’s worth, made—
(a)by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the injury, or
(b)in pursuance of a compensation scheme for motor accidents,
but does not include a payment mentioned in Schedule 10.
(4)Subsection (1)(a) applies—
(a)to a payment made—
(i)voluntarily, or in pursuance of a court order or an agreement, or otherwise, and
(ii)in the United Kingdom or elsewhere, and
(b)if more than one payment is made, to each payment.
(5)“Injury” does not include any disease.
(6)Nothing in subsection (5) prevents this Part from applying to—
(a)treatment received as a result of any disease suffered by the injured person, or
(b)ambulance services provided as a result of any disease suffered by him,
if the disease in question is attributable to the injury suffered by the injured person (and accordingly that treatment is received or those services are provided as a result of the injury).
(7)“NHS treatment” means any treatment (including any examination of the injured person) other than—
[F1(a)treatment provided by virtue of—
(i)section 21(4) or 44(6) of the 2006 Act,
(ii)paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 6 to, the 2006 Act,
(iii)paragraph 15 of Schedule 2 to, or paragraph 11 of Schedule 5 to, the National Health Service (Wales) Act 2006, or
(iv)section 57 of, or paragraph 14 of Schedule 7A to, the 1978 Act,
(accommodation and services for private patients)]
(b)other treatment provided by an NHS foundation trust in pursuance of an undertaking to pay in respect of the treatment given by or on behalf of the injured person,
(c)treatment provided at a health service hospital by virtue of [F2section 267 of the 2006 Act or section 198 of the National Health Service (Wales) Act 2006] or section 64 of the 1978 Act (permission for use of national health service accommodation or facilities in private practice), or
(d)treatment provided by virtue of—
(i)[F3section 83, 84, 92, 99, 100 or 107 of the 2006 Act, or section 41, 42, 50, 56, 57 or 64 of the National Health Service (Wales) Act 2006] (primary medical and dental services), or
[F4(ii)section 2C, 17C, 17J or 25 of the 1978 Act (primary medical services or personal or general dental services).]
(8)In relation to any time before sections 170 and 172 come into force, the references in subsection (7)(d)(i) to sections 16CA and 28K of the 1977 Act are to be taken as a reference to section 35 of that Act (arrangements for general dental services).
(9)In relation to any time before sections 174 and 175 come into force, the references in subsection (7)(d)(i) to sections 16CC and 28Q of the 1977 Act are to be taken as a reference to section 29 of that Act (arrangements for general medical services).
(10)“Relevant NHS charges” means the amount (or amounts) specified in a certificate of NHS charges—
(a)issued under this Part, in respect of the injured person, to the person making the compensation payment, and
(b)in force.
(11)“Compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons.
(12)Regulations may amend Schedule 10 by omitting or modifying any payment for the time being specified in that Schedule.
(13)This section applies in relation to any injury which occurs after the date on which this section comes into force.
(14)For the purposes of this Part, it is irrelevant whether a compensation payment is made with or without an admission of liability.
Textual Amendments
F1S. 150(7)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 247(a) (with Sch. 3 Pt. 1)
F2Words in s. 150(7)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 247(b) (with Sch. 3 Pt. 1)
F3Words in s. 150(7)(d) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 247(c) (with Sch. 3 Pt. 1)
F4S. 150(7)(d)(ii) substituted (29.1.2007) by Health Act 2006 (c. 28), s. 83(2)(b), Sch. 8 para. 55; S.S.I. 2007/9, art. 2(b)
Commencement Information
I1S. 150 partly in force; s. 150 in force at Royal Assent for certain purposes, see s. 199(1)(4)
I2S. 150(1)-(7)(10)-(14) in force at 28.1.2007 for S. in so far as not already in force by S.S.I. 2007/10, art. 2(1)
I3S. 150(1)-(7)(10)-(14) in force at 28.1.2007 for E.W. in so far as not already in force by S.I. 2006/3397, art. 2(1)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: