Regulation 3 Reduction of NHS charges in cases of contributory negligence

(1)

The circumstances in which the amount (or amounts) specified in a certificate relating to a qualifying claim are to be reduced in accordance with section 153(10) are where–

(a)

the applicant for the certificate sends to the Scottish Ministers a report which contains the information specified in paragraph (2) and is signed by the parties, to the agreement referred to in paragraph (2)(a); and

(b)

it appears to the Scottish Ministers from that report that the agreement was reached in a fair manner.

(2)

For the purposes of paragraph (1)(a) the following information is specified–

(a)

a statement that it was agreed by or on behalf of the injured person and the person who proposed to make a compensation payment that the damages payable under the settlement were to be reduced to reflect the injured person’s share in the responsibility for the injury in question;

(b)

a statement as to how that agreement was reached;

(c)

the amount of damages payable under the settlement had there been no such agreement;

(d)

the amount or proportion by which it was agreed that the damages were to be reduced; and

(e)

the names of all those involved in the settlement process.