The Road Traffic (NHS Charges) Amendment (No. 2) (Scotland) Regulations 2002

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Road Traffic (NHS Charges) Amendment (No. 2) (Scotland) Regulations 2002 and shall come into force on 1st January 2003.

(2) These Regulations extend to Scotland only.

Amendment of the Road Traffic (NHS Charges) Regulations 1999

2.—(1) The Road Traffic (NHS Charges) Regulations 1999(1) are amended as follows.

(2) In regulation 4A(1) after “28th January 2002” insert “and before 1st January 2003”.

(3) After regulation 4A, insert–

“Amount of NHS Charges – incidents on or after 1st January 2003

4B.— (1) This regulation applies to any compensation payment made in respect of an incident which occurred on or after 1st January 2003.

(2) Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify–

(a) when the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £440 unless the incident occurred on or after 1st April 2003 in which case the amount of £452;

(b) subject to paragraphs (3) and (4), when the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital, the sum of £541 for each day or part day of admission unless the incident occurred on or after 1st April 2003, in which case the sum of £556 for each day or part day of admission.

(3) Where the traffic casualty was admitted to hospital on one day and discharged on another day, the day of discharge shall be disregarded for the purposes of paragraph (2)(b).

(4) The maximum amount, which may be specified in a certificate to which paragraph 2(b) applies shall be £30,000 unless the certificate relates to an incident which occurred on or after 1st April 2003 in which case it shall be £33,000.”.

(4) In regulation 6(b) (particulars of amounts specified in certificate) for “or 4A(2)(b) or (c)” there is substituted “, 4A(2)(b) or (c) or 4B(2)(b)”.

(5) In regulation 13(2) (multiple compensation payments) for “or 4A” there is substituted “, 4A or 4B”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

29th November 2002