The Road Traffic (NHS Charges) Regulations 1999

Payments into court

16.—(1) This regulation applies only to England and Wales.

(2) Subject to paragraph 3, where a payment into court is made which would, had it been paid directly to a party to an action (“the relevant party”), have constituted a compensation payment, the making of the payment shall be treated for the purposes of the Act as a compensation payment made,

(a) where the payment into court is accepted by the relevant party in the initial period, on the date on which the payment into court was made (subject to paragraph (5));

(b) where, after the initial period, the payment into court is accepted in satisfaction of the relevant party’s claim by consent between the parties, on the date on which the application to the court for payment is made;

(c) where, after the expiry of the initial period, payment out of court is made wholly or partly to or for the relevant party in accordance with a court order and in satisfaction of the claim, the date of the court order.

(3) In paragraph (1), “the initial period” means the period of 21 days after the receipt by the relevant party to the action of notice of the payment into court having been made.

(4) Where a payment into court is paid out wholly to or for the person making the payment (otherwise than to or for the relevant party) the making of the payment into court shall not be regarded as the making of a compensation payment.

(5) Where paragraph (1)(a) applies—

(a) the person making the compensation payment shall apply for a certificate (under section 2(8)) not later than 14 days after the day he is notified that the payment into court has been accepted;

(b) section 4(3) of the Act shall be modified so that the “settlement date” means the date on which the person making the payment into court is notified that it has been accepted.