# The Personal Injuries (NHS Charges) (General) and Road Traffic (NHS Charges) (Amendment) Regulations 2006, Note: Explanatory note


(This note is not part of the Regulations)
Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 provides for a scheme for the recovery of charges in cases where an injured person who receives a compensation payment in respect of his injury has received National Health Service hospital treatment or ambulance services. The charges are specified in certificates issued by the Secretary of State, and are payable by persons who pay compensation to the injured person.
Regulations 2 to 11 make provision as to the following matters in connection with the scheme—
(a) the particulars to be included in applications for certificates and the period within which certain applications must be made (regulation 2);
(b) the circumstances when there may be a reduction of the amount of NHS charges where the injured person agrees to have shared responsibility for the injury (regulation 3);
(c) particulars with which a person who is issued with a certificate is entitled to be provided (regulation 4);
(d) the classes of people who must provide information relating to the injured person to the Secretary of State (whether of their own accord or following a request from the Secretary of State) and the timeframes within which the information must be provided (regulation 5);
(e) the manner in which the Secretary of State must make payments of NHS charges to hospitals and ambulance trusts (including provision where the body who provided the services for which payment is due is no longer in existence) and the information that must accompany those payments (regulation 6);
(f) application of the scheme in respect of structured settlements (regulation 7), interim payments (regulation 8) and payments into court (regulation 9);
(g) the limitation of the liability of insurers in respect of compensation payments where the insured person’s liability to pay in respect of the injury is greater than that covered by the insurance policy (regulation 10);
(h) the exclusion of payments made under the Criminal Injuries Compensation Act 1995 and the Vaccine Damage Payments Act 1979 from the scheme (regulation 11).
Regulation 12 of these Regulations removes a definition included in error in the Road Traffic (NHS Charges) Amendment Regulations 2005 (“the 2005 Regulations”).
A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Income Generation Team, Department of Health, Room 4W04, Quarry House, Quarry Hill, Leeds, LS2 7UE.

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Source: https://www.legislation.gov.uk/uksi/2006/3388/note (the official version)
Page: https://openlegislation.uk/personal-injuries-nhs-charges-general-and-road-traffic-nhs-charges-amendment-regulations-2006/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.