- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Recovery of Health Services Charges (Northern Ireland) Order 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
3.—(1) This Article applies if—
(a)a person makes a compensation payment to or in respect of any other person (the “injured person”) in consequence of any injury, whether physical or psychological, suffered by the injured person, and
(b)the injured person has—
(ii)been provided with [F1health care] ambulance services as a result of the injury for the purpose of taking him to a [F1health care] hospital for [F1health care] treatment (unless he was dead on arrival at that hospital), or
(iii)received treatment as mentioned in head (i) and been provided with ambulance services as mentioned in head (ii).
(2) The person making the compensation payment is liable to pay the relevant [F1health care] charges in respect of the treatment or ambulance services to the Department.
(3) “Compensation payment” means a payment, including a payment in money's worth, made—
(a)by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the injury, or
(b)in pursuance of a compensation scheme for motor accidents,
but does not include a payment mentioned in Schedule 1.
(4) Paragraph (1)(a) applies—
(a)to a payment made—
(i)voluntarily, or in pursuance of a court order or an agreement, or otherwise, and
(ii)in the United Kingdom or elsewhere, and
(b)if more than one payment is made, to each payment.
(5) “Injury” does not include any disease.
(6) Nothing in paragraph (5) prevents this Order from applying to—
(a)treatment received as a result of any disease suffered by the injured person, or
(b)ambulance services provided as a result of any disease suffered by him,
if the disease in question is attributable to the injury suffered by the injured person (and accordingly that treatment is received or those services are provided as a result of the injury).
(7) “ [F1health care] treatment” means any treatment (including any examination of the injured person) other than—
(a)treatment provided by virtue of Article 31 of the 1972 Order or paragraph 14 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1) (accommodation and services for private patients),
(c)treatment provided by virtue of—
(i)Article 15B, 56 or 57 of the 1972 Order (primary medical services), or
(ii)Article 61 of the 1972 Order (general dental services).
(a)issued under this Order, in respect of the injured person, to the person making the compensation payment, and
(9) “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 have been caused, by uninsured or unidentified persons.
(10) Regulations may amend Schedule 1 by omitting or modifying any payment for the time being specified in that Schedule.
(11) This Article applies in relation to any injury which occurs on or after the date on which this Article comes into operation.
(12) For the purposes of this Order, it is irrelevant whether a compensation payment is made with or without an admission of liability.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: