Road Traffic (NHS Charges) Act 1999

Miscellaneous and general

14 Regulations governing payments into court, etc

(1) Regulations may make provision (including provision modifying this Act)—

(a) for cases to which section 1(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 or death;

(b) for cases to which section 1(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 1(2) applies is an interim payment of damages which a court orders to be repaid.

(2) Regulations may make provision modifying the application of this Act 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.

(3) Subsection (2) extends to England and Wales only.

15 Application of Act to military hospitals

(1) Regulations may provide for this Act to apply, with such modifications as may be prescribed, in relation to cases in which a traffic casualty receives treatment at a military hospital.

(2) “Military hospital” means a hospital (as defined by section 128 of the [1977 c. 49.] National Health Service Act 1977) maintained by a Minister of the Crown wholly or partly for purposes of any part of the armed forces of the Crown.

16 Regulations and orders

(1) Any power to make regulations or an order which is conferred by this Act is exercisable by statutory instrument.

(2) Any such statutory instrument—

(a) may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate;

(b) may make different provision for different cases or areas;

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) But subsection (2)(c) does not apply to an order under section 21.

17 Interpretation

In this Act—

• “appeal” means an appeal under section 7;

• “appropriate NHS charges” has the meaning given in section 1(7);

• “authorised insurer” has the meaning given in section 145(5) of the [1988 c. 52.] Road Traffic Act 1988;

• “certificate” means a certificate of NHS charges issued under section 2;

• “compensation payment” has the meaning given in section 1;

• “compensation scheme for motor accidents” means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to be caused, by uninsured or unidentified persons;

• “health service hospital” means a health service hospital within the meaning of the [1977 c. 49.] National Health Service Act 1977 or the [1978 c. 29.] National Health Service (Scotland) Act 1978;

• “motor vehicle” has the meaning given in section 185 of the Road Traffic Act 1988 (read with sections 186(1), 187, 188 and 189 of that Act);

• “National Health Service trust” means a National Health Service trust established under section 5 of the [1990 c. 19.] National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978;

• “NHS treatment” has the meaning given in section 1(6);

• “owner” has the meaning given in section 192 of the Road Traffic Act 1988;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State;

• “responsible body”, in respect of a health service hospital, means—

  (a)

  in the case of a hospital vested in a National Health Service trust, the Trust, and

  (b)

  in any other case, the body responsible for the management of the hospital;

• “road”—

  (a)

  in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes; and

  (b)

  in relation to Scotland, has the meaning given by the [1984 c. 54.] Roads (Scotland) Act 1984; and

• “traffic casualty” has the meaning given in section 1(1).

18 Consequential amendments

(1) In section 145 of the Road Traffic Act 1988 (requirements in respect of policies of insurance), in subsection (6)—

(a) after “this Part of this Act”, insert “or the Road Traffic (NHS Charges) Act 1999”;

(b) after “section 157 of this Act”, insert “or section 1 of the Act of 1999”.

(2) In section 159 of the Act of 1988 (supplementary provisions as to payments for treatment)—

(a) in subsection (1), for paragraphs (a) to (c) substitute “to the hospital”;

(b) in subsection (3)(a), for “the Authority” to the end substitute “the hospital claiming the payment”.

(3) In section 161 of the Act of 1988 (interpretation), for the definition of “hospital” substitute—

““hospital” means any institution which provides medical or surgical treatment for in-patients, other than—

(a) a health service hospital within the meaning of the [1977 c. 49.] National Health Service Act 1977 or the [1978 c. 29.] National Health Service (Scotland) Act 1978,

(b) one which is a military hospital for the purposes of section 15 of the Road Traffic (NHS Charges) Act 1999, or

(c) any institution carried on for profit,”.

(4) In Schedule 1 to the [1992 c. 53.] Tribunals and Inquiries Act 1992, in paragraph 56 (National Health Service), after paragraph (d), insert—

“(e) the appeal tribunal established by regulations under section 8(6)(b) of the Road Traffic (NHS Charges) Act 1999.”

19 Expenditure

(1) The Secretary of State may pay out of money provided by Parliament such fees and allowances to members of the appeal tribunal established by regulations under section 8(6)(b) as he may with the consent of the Treasury determine.

(2) There is to be paid out of money provided by Parliament—

(a) any other expenditure incurred by the Secretary of State in consequence of this Act; and

(b) any increase attributable to this Act in the sums so payable by virtue of any other Act.

20 Transitional provision

(1) The Secretary of State may by order provide for section 7 to have effect, during the transitional period, with such modifications as may be specified in the order.

(2) During the transitional period, section 8 is to have effect as if for subsections (6) and (7) there were substituted—

“(6) In this section and section 9, “appeal tribunal” means a medical appeal tribunal constituted under section 50 of the [1992 c. 5.] Social Security Administration Act 1992.”

(3) The Secretary of State may by order provide for section 8 to have effect, during the transitional period, with such further modifications as may be specified in the order.

(4) “The transitional period” means the period beginning with the coming into force of section 1 and ending on such day as the Secretary of State may by order appoint.

(5) Subsections (1) to (4) extend to England and Wales only.

(6) The Secretary of State may by order provide for section 7 to have effect, during the transitional period for Scotland, with such modifications as may be specified in the order.

(7) During the transitional period for Scotland, section 8 is to have effect as if for subsections (6) and (7) there were substituted—

“(6) In this section and section 9, “appeal tribunal” means—

(a) during the transitional period for England and Wales, a medical appeal tribunal constituted under section 50 of the [1992 c. 5.] Social Security Administration Act 1992;

(b) after that transitional period, an appeal tribunal constituted under Chapter I of Part I of the [1998 c. 14.] Social Security Act 1998.”

(8) The Secretary of State may by order provide for section 8 to have effect, during the transitional period for Scotland, with such further modifications as may be specified in the order.

(9) “The transitional period for Scotland” means the period beginning with the coming into force of section 1 and ending on such day as the Secretary of State may by order appoint.

(10) Subsections (6) to (9) extend to Scotland only.

21 Short title, etc

(1) This Act may be cited as the Road Traffic (NHS Charges) Act 1999.

(2) The preceding provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(3) Different days may be appointed for different purposes.

(4) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment.

(5) This Act does not extend to Northern Ireland.