Road Traffic (NHS Charges) Act 1999

Certificates of NHS charges

2 Applications for certificates of NHS charges

(1) Before a person makes a compensation payment in respect of the injury or death of a traffic casualty, he may apply to the Secretary of State for a certificate under this section.

(2) If the Secretary of State receives an application under subsection (1), he must arrange for a certificate to be issued as soon as is reasonably practicable.

(3) Such a certificate is to be known as a “certificate of NHS charges” but is referred to generally in this Act as a “certificate”.

(4) A certificate may provide that it is to remain in force—

(a) until a specified date;

(b) until the occurrence of a specified event; or

(c) indefinitely.

(5) A person may apply under subsection (1) for a fresh certificate from time to time.

(6) Subsection (2) does not require the Secretary of State to arrange for a fresh certificate to be issued to a person applying under subsection (5) if, when the application is received, a certificate issued to the applicant in respect of the casualty is still in force; but the Secretary of State may arrange for a fresh certificate to be issued so as to have effect on the expiry of the current certificate.

(7) If a certificate expires, the Secretary of State may arrange for a fresh certificate to be issued without an application having to be made.

(8) In the circumstances mentioned in subsection (9), a person who has made a compensation payment in respect of the injury or death of a traffic casualty must apply to the Secretary of State for a certificate.

(9) The circumstances are that—

(a) at the time the payment is made—

(i) no certificate has been issued to him in respect of the casualty; or

(ii) if such a certificate has been issued to him, it is no longer in force; and

(b) no application for a certificate has been made by him during the prescribed period ending immediately before the day on which the compensation payment is made.

(10) An application for a certificate must be made in the prescribed manner and, in the case of an application under subsection (8), within the prescribed period.

(11) On receiving an application under subsection (8), the Secretary of State must arrange for a certificate to be issued as soon as is reasonably practicable.

(12) The Secretary of State may arrange for certificates to be issued by electronic means.

3 Information contained in certificates

(1) A certificate must specify the amount or amounts for which the person to whom it is issued is liable under section 1(2).

(2) The amount or amounts to be specified are to be those set out in, or determined in accordance with, regulations.

(3) But if a certificate relates to a traffic casualty who has not received NHS treatment at a health service hospital in respect of his injury, it must indicate that no amount is payable to the Secretary of State by reference to that certificate.

(4) Regulations under subsection (2) may, in particular, provide—

(a) that the amount, or the aggregate amount, specified in a certificate is not to exceed a prescribed sum;

(b) for different amounts to be specified in respect of different circumstances, including, in particular, whether or not the treatment concerned was in respect of injuries resulting from an incident occurring before 2nd July 1997;

(c) for cases in which a traffic casualty receives treatment at two or more health service hospitals;

(d) for cases in which liability under section 1(2) is to be apportioned between two or more persons making compensation payments in respect of the same traffic casualty.

(5) Regulations under subsection (2) may be made so as to apply to any certificate issued after the time the regulations come into force, other than one relating to a compensation payment made before that time.

(6) A person to whom a certificate is issued is entitled to such particulars of the manner in which any amount or amounts specified in the certificate have been determined as may be prescribed, if he applies to the Secretary of State for those particulars.