The Road Traffic (NHS Charges) Amendment Regulations 2005

Statutory Instruments

2005 No. 475

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

ROAD TRAFFIC, ENGLAND AND WALES

The Road Traffic (NHS Charges) Amendment Regulations 2005

Made

4th March 2005

Laid before Parliament

10th March 2005

Coming into force

1st April 2005

The Secretary of State for Health, in exercise of the powers conferred on him by sections 3(2) and (4), 16(2) and 17 of the Road Traffic (NHS Charges) Act 1999(1), and all other powers enabling him in that behalf, hereby makes the following Regulations—

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Road Traffic (NHS Charges) Amendment Regulations 2005 and shall come into force on 1st April 2005.

(2) In these Regulations—

“the principal Regulations” means the Road Traffic (NHS Charges) Regulations 1999(2);

“the 2004 Regulations” means the Road Traffic (NHS Charges) Amendment Regulations 2004(3).

(3) These Regulations extend to England and Wales(4).

Amendment of regulation 4 of the principal Regulations

2.  Regulation 4 of the principal Regulations (amount of NHS charges – incidents on or after 2nd July 1997) shall be amended as follows—

(a) in paragraph (2)—

(i) in sub-paragraph (a), for “£473” there shall be substituted “£483”;

(ii) in sub-paragraph (b), for “£582” there shall be substituted “£593”;

(b) in paragraph (4), for “£34,800” there shall be substituted “£35,500”.

Saving

3.  Notwithstanding regulation 2 above, the principal Regulations shall continue to have effect in respect of a certificate relating to an incident which occurred before 1st April 2005 as if the amendments made by these Regulations had not been made.

Signed by authority of the Secretary of State for Health

Rosie Winterton

Parliamentary Under Secretary of State

Department of Health

4th March 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Road Traffic (NHS Charges) Regulations 1999 (“the principal Regulations”) which provide for a scheme for the recovery, from insurers and certain other persons, of charges in connection with the treatment of road traffic casualties by the National Health Service (NHS).

Amendments made to the principal Regulations by regulation 2 increase the charges. Where a traffic casualty receives NHS treatment, but is not admitted to hospital, in respect of an incident which occurs on or after 1st April 2005, the charge is increased from £473 to £483. The daily charge for NHS in-patient treatment in respect of an incident which occurs on or after 1st April 2005 is increased from £582 to £593. The maximum charge for in-patient treatment in respect of an incident which occurs on or after 1st April 2005 is increased from £34,800 to £35,500.

Regulation 3 is a saving provision which maintains the current charges for incidents occurring before 1st April 2005.

(1)

1999 c. 3. Section 17 is cited for the definitions of “prescribed” and “regulations”.

(2)

S.I. 1999/785 as amended by S.I. 2001/4030, 2002/237 and 2995, and 2004/560.

(3)

S.I. 2004/560.

(4)

The functions of the Secretary of State under the above-mentioned powers as regards Wales remain exercisable by Westminster Ministers.