The Personal Injuries (NHS Charges) (Amounts) Regulations 2015

Apportionment of liability to pay NHS charges

6.—(1) This regulation applies where each of two or more persons (“the compensators”)—

(a) has made a compensation payment to or in respect of a person in consequence of any injury suffered by that person; or

(b) is, or is alleged to be, liable to any extent in respect of the injury.

(2) This paragraph applies where—

(a) one of the compensators applies for a certificate under section 151 and, at the time of making the application, requests that the liability to pay the relevant NHS charges be apportioned between the compensators; and

(b) before issuing the certificate, the Secretary of State receives sufficient evidence to determine how that liability is to be apportioned.

(3) This paragraph applies where—

(a) a compensator to whom a certificate has been issued requests that the liability to pay the relevant NHS charges be apportioned between the compensators; and

(b) the Secretary of State receives sufficient evidence to determine how that liability is to be apportioned.

(4) Where paragraph (2) or (3) applies the Secretary of State must determine or, where a certificate has been issued, redetermine, the liability of each compensator to pay the relevant NHS charges and apportion such charges between them.

(5) Where paragraph (2) applies, the certificate when issued shall specify the liability to pay the relevant NHS charges and the share that has been apportioned to that compensator.

(6) Where paragraph (3) applies, when the Secretary of State redetermines the liability to pay the relevant NHS charges, subsections (5) and (7) of section 156 (review of certificates) apply as if the redetermination were a review under that section.