Office of Public Sector Information
PART 3 continued
(1) An appeal may be made to a Commissioner against any decision of an appeal tribunal under section 158 on the ground that the decision was erroneous in point of law.
(2) An appeal under this section may be made by—
(a) the Secretary of State or the Scottish Ministers (as the case may be), or
(b) the person to whom the certificate was issued.
(3) If an appeal is made under this section, subsections (7) to (12) of section 14 of the 1998 Act apply to the appeal as they apply to an appeal under that section (reading references to a tribunal as references to an appeal tribunal constituted as mentioned in section 158(1)).
(4) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies by virtue of subsection (3) above to an appeal against a decision of an appeal tribunal under subsection (3) of section 158, subsections (2) to (4) of that section apply as they apply to an appeal determined on a reference under subsection (1)(a) of that section.
(5) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies by virtue of subsection (3) above to an appeal against a decision of an appeal tribunal under subsection (6) of section 158, the appeal tribunal may—
(a) confirm the waiver decision, or
(b) waive the requirement in question.
(6) In a case in which subsection (8)(a) of section 14 of the 1998 Act applies by virtue of subsection (3) above to an appeal against a decision of an appeal tribunal under subsection (3) of section 158, subsection (4) of that section applies as if the references to the decision of the tribunal on an appeal against a certificate were references to the decision of the Commissioner on an appeal under this section.
(7) In this section—
“Commissioner” has the same meaning as in Chapter 2 of Part 1 of the 1998 Act, and
“the 1998 Act” means the Social Security Act 1998 (c. 14).
(1) If compensation is sought in consequence of any injury suffered by an injured person, such information with respect to the circumstances of the case as may be prescribed must be given by the following persons to the Secretary of State or the Scottish Ministers (as the case may require)—
(a) the person against whom the claim is made and anyone acting on behalf of that person, whether or not proceedings have been commenced,
(b) the injured person or, if the injured person has died, his personal representative,
(c) anyone not within paragraph (a) who is, or is alleged to be, liable to any extent in respect of the injury,
(d) if the claim is not made by the injured person, the person by whom it is made,
(e) anyone acting on behalf of the person within any of paragraphs (b) to (d),
(f) the responsible body of each health service hospital at which the injured person has received NHS treatment as a result of his injury,
(g) any ambulance trust which provided NHS ambulance services as a result of his injury.
(2) A person who is required to give information under this section must do so—
(a) in the prescribed manner, and
(b) within the prescribed period.
(3) Regulations under this section may, in particular, require the provision of information about any NHS treatment which an injured person has received at a health service hospital and any NHS ambulance services provided to the injured person.
(4) In this section—
“ambulance trust”—
in relation to England or Wales, means—
a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19), or
an NHS foundation trust,
in relation to Scotland, means a Special Health Board established under section 2(1)(b) of the 1978 Act;
“responsible body”, in relation to a health service hospital, means—
in the case of a hospital vested in—
a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19) or section 12A of the 1978 Act, or
a Primary Care Trust,
the trust, and
in any other case, the body responsible for the management of the hospital.
(1) Subsection (2) applies to information which is held—
(a) by the Secretary of State, or
(b) by a person providing services to the Secretary of State in connection with the provision of those services,
for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) Act 1997 (c. 27).
(2) The information may—
(a) be used for the purposes of, or for any purpose connected with, the exercise of functions under this Part, and
(b) be supplied to a qualifying person for use for those purposes.
(3) In subsection (2), “qualifying person” means—
(a) in the case of information held by the Secretary of State—
(i) a person providing services to the Secretary of State, or
(ii) the Scottish Ministers or a person providing services to the Scottish Ministers, or
(b) in the case of information held by a person providing services to the Secretary of State—
(i) the Secretary of State or another person providing services to the Secretary of State, or
(ii) the Scottish Ministers or a person providing services to the Scottish Ministers.
(4) Subsection (5) applies to information which is held—
(a) by the Secretary of State or the Scottish Ministers, or
(b) by a person providing services to the Secretary of State or the Scottish Ministers in connection with provision of those services,
for the purposes of, or for any purpose connected with, the exercise of functions under this Part.
(5) The information may—
(a) be used for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) Act 1997, and
(b) be supplied to a qualifying person for use for those purposes.
(6) In subsection (5), “qualifying person” means—
(a) in the case of information held by the Secretary of State, a person providing services to the Secretary of State,
(b) in the case of information held by the Scottish Ministers, the Secretary of State or a person providing services to the Secretary of State,
(c) in the case of information held by a person providing services to the Secretary of State, the Secretary of State or another person providing services to the Secretary of State,
(d) in the case of information held by a person providing services to the Scottish Ministers, the Secretary of State or a person providing services to the Secretary of State.
(1) If the Secretary of State receives or the Scottish Ministers receive a payment of relevant NHS charges under section 150(2)—
(a) if the payment relates only to NHS treatment received at a health service hospital, he or they must pay the amount received to the responsible body of the health service hospital,
(b) if the payment relates only to the provision of NHS ambulance services, he or they must pay the amount received to the relevant ambulance trust,
(c) if the payment relates to NHS treatment received at more than one health service hospital, he or they must divide the amount received among the responsible bodies of the hospitals concerned in such manner as he considers or they consider appropriate,
(d) if the payment relates to NHS treatment received at one or more health service hospitals and the provision of NHS ambulance services, he or they must divide the amount received among the responsible body or bodies of the hospital or hospitals and any relevant ambulance trusts concerned in such manner as he considers or they consider appropriate.
(2) Subsection (1) does not apply to any amount received by the Secretary of State or the Scottish Ministers under section 150(2) which he is or they are required to repay in accordance with regulations under section 153(2).
(3) Regulations under this section may—
(a) make provision for the manner in which and intervals at which any payments due under this section are to be made,
(b) make provision for cases where the responsible body of the health service hospital or relevant ambulance trust concerned has ceased to exist (including provision modifying this Part).
(4) Any amounts received under this section by the responsible bodies of the health service hospitals concerned must be used for the purposes of providing goods and services for the benefit of patients receiving NHS treatment at those hospitals.
(5) Any amounts received under this section by the relevant ambulance trusts concerned must be used for the purposes of NHS ambulance services.
(6) In this section—
“relevant ambulance trust”—
in relation to England or Wales, means—
the National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19), or
the NHS foundation trust,
which is designated by the Secretary of State for the purposes of this section in relation to the health service hospital to which the injured person was taken for treatment,
in relation to Scotland, means the Special Health Board, established under section 2(1)(b) of the 1978 Act, which is designated by the Scottish Ministers for the purposes of this section in relation to the health service hospital to which the injured person was taken for treatment;
“responsible body” has the meaning given in section 160(4).
(1) Regulations may make provision (including provision modifying this Part)—
(a) for cases to which section 150(2) applies in which two or more compensation payments in the form of lump sums are made by the same person in respect of the same injury,
(b) for cases to which section 150(2) applies in which an agreement is entered into for the making of—
(i) periodical compensation payments (whether of an income or capital nature), or
(ii) periodical compensation payments and lump sum compensation payments,
(c) for cases in which the compensation payment to which section 150(2) applies is an interim payment of damages which a court orders to be repaid.
(2) Regulations made by virtue of subsection (1)(a) may (among other things) provide—
(a) for giving credit for amounts already paid, and
(b) for the payment by any person of any balance or the recovery from any person of any excess.
(3) Regulations may make provision modifying the application of this Part in relation to cases in which a payment into court is made and, in particular, may provide—
(a) for the making of a payment into court to be treated in prescribed circumstances as the making of a compensation payment,
(b) for application for, and issue of, certificates.
(1) If a compensation payment is made in a case where—
(a) a person is liable to any extent in respect of the injury, and
(b) the liability is covered to any extent by a policy of insurance,
the policy is also to be treated as covering any liability of that person under section 150(2).
(2) Liability imposed on the insurer by subsection (1) cannot be excluded or restricted.
(3) For that purpose excluding or restricting liability includes—
(a) making the liability or its enforcement subject to restrictive or onerous conditions,
(b) excluding or restricting any right or remedy in respect of the liability, or subjecting a person to any prejudice in consequence of his pursuing any such right or remedy, or
(c) excluding or restricting rules of evidence or procedure.
(4) Regulations may in prescribed cases limit the amount of the liability imposed on the insurer by subsection (1).
(5) This section applies in relation to policies of insurance issued before (as well as those issued after) the date on which it comes into force.
(6) References in this section to policies of insurance and their issue include references to contracts of insurance and their making.
(1) Regulations may make provision for this Part to apply, with such modifications as may be prescribed, if—
(a) a person makes a compensation payment as mentioned in section 150(1)(a), but
(b) the person to or in respect of whom the payment is made has—
(i) received treatment as a result of the injury at a qualifying hospital under an NHS arrangement,
(ii) been provided with NHS ambulance services as a result of the injury for the purpose of taking him to a qualifying hospital for treatment under an NHS arrangement (unless he was dead on arrival at that hospital), or
(iii) received treatment as mentioned in sub-paragraph (i) and been provided with NHS ambulance services as mentioned in sub-paragraph (ii),
(subject to subsection (2)).
(2) Subsection (1)(b) does not apply where the person to or in respect of whom the payment is made receives, or is taken to a hospital for, treatment which would be provided as mentioned in paragraph (a), (b) or (d) of section 150(7) if it were provided at a health service hospital.
(3) In subsection (1), “NHS arrangement” means an arrangement or agreement between—
(a) the hospital in question or a body responsible for it, and
(b) any of the following—
(i) a Primary Care Trust,
(ii) a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 (c. 19) or section 12A of the 1978 Act,
(iii) a Local Health Board,
(iv) a Health Board or Special Health Board established under section 2 of the 1978 Act, or
(v) an NHS foundation trust.
(4) Regulations under subsection (1) may include provision excluding the application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such description of case as may be prescribed.
(5) In this section “qualifying hospital” means a hospital (within the meaning of section 128(1) of the 1977 Act or section 108(1) of the 1978 Act) which is not a health service hospital.
This Part binds the Crown.
(1) Any power to make regulations conferred by this Part is exercisable—
(a) in relation to England and Wales, by the Secretary of State; and
(b) in relation to Scotland, by the Scottish Ministers.
(2) Regulations under section 157(7) may only be made by the Scottish Ministers with the consent of the Secretary of State.
In this Part—
“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29);
“compensation payment” has the meaning given in section 150;
“health service hospital” means a health service hospital within the meaning of the 1977 Act or the 1978 Act;
“injured person” has the meaning given in section 150(1);
“NHS ambulance services” means ambulance services provided under section 3(1)(c) of the 1977 Act or section 45 of the 1978 Act;
“NHS treatment” has the meaning given in section 150(7);
“prescribed” means prescribed by regulations.
(1) The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect.
(2) In the Road Traffic Act 1988, in section 161(1), in the definition of “hospital”, paragraph (b) is omitted.
Health and Social Care (Community Health and Standards) Act 2003