Part 3Recovery of NHS charges
Miscellaneous and general
I1165Power to apply Part 3 to treatment at non-health service hospitals
1
Regulations may make provision for this Part to apply, with such modifications as may be prescribed, if—
a
a person makes a compensation payment as mentioned in section 150(1)(a), but
b
the person to or in respect of whom the payment is made has—
i
received treatment as a result of the injury at a qualifying hospital under an NHS arrangement,
ii
been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a qualifying hospital for treatment under an NHS arrangement (unless he was dead on arrival at that hospital), or
iii
received treatment as mentioned in sub-paragraph (i) and been provided with NHS ambulance services as mentioned in sub-paragraph (ii),
(subject to subsection (2)).
2
Subsection (1)(b) does not apply where the person to or in respect of whom the payment is made receives, or is taken to a hospital for, treatment which would be provided as mentioned in paragraph (a), (b) or (d) of section 150(7) if it were provided at a health service hospital.
3
In subsection (1), “NHS arrangement” means an arrangement or agreement between—
a
the hospital in question or a body responsible for it, and
b
any of the following—
F3i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ia
F4NHS England,
F5ib
an integrated care board,
ii
a National Health Service trust established under F1section 25 of the 2006 Act, section 18 of the National Health Service (Wales) Act 2006 or section 12A of the 1978 Act,
iii
a Local Health Board,
iv
a Health Board or Special Health Board established under section 2 of the 1978 Act, or
v
an NHS foundation trust.
4
Regulations under subsection (1) may include provision excluding the application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such description of case as may be prescribed.
5
In this section “qualifying hospital” means a hospital (within the meaning of F2section 275(1) of the 2006 Act or section 108(1) of the 1978 Act) which is not a health service hospital.