CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

The Recovery of Health Services Charges (Northern Ireland) Order 2006

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about advanced features

Advanced Features

Changes over time for: Miscellaneous and general

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Recovery of Health Services Charges (Northern Ireland) Order 2006, Miscellaneous and general. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Miscellaneous and generalN.I.

Regulations governing lump sums, periodical payments etc.N.I.

15.—(1) Regulations may make provision (including provision modifying this Order)—

(a)for cases to which Article 3(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 Article 3(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 Article 3(2) applies is an interim payment of damages which a court orders to be repaid.

(2) Regulations made by virtue of paragraph (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 Order 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.

Commencement Information

I1Art. 15 wholly in force at 29.1.2007: art. 15 not in force at Royal Assent see art. 1(2); art. 15 in force for certain purposes at 4.12.2006 and wholly in force at 29.1.2007 for all other purposes by S.R. 2006/484, art. 2

Liability of insurersN.I.

16.—(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 Article 3(2).

(2) Liability imposed on the insurer by paragraph (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 paragraph (1).

(5) This Article applies in relation to policies of insurance issued before (as well as those issued after) the date on which it comes into operation.

(6) References in this Article to policies of insurance and their issue include references to contracts of insurance and their making.

Commencement Information

I2Art. 16 wholly in force at 29.1.2007: art. 16 not in force at Royal Assent see art. 1(2); art. 16 in force for certain purposes at 4.12.2006 and wholly in force at 29.1.2007 for all other purposes by S.R. 2006/484, art. 2

Power to apply this Order to treatment at non- [F1health care] hospitalsN.I.

17.—(1) Regulations may make provision for this Order to apply, with such modifications as may be prescribed, if—

(a)a person makes a compensation payment as mentioned in Article 3(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 a [F1health care] arrangement,

(ii)been provided with [F1health care] ambulance services as a result of the injury for the purpose of taking him to a qualifying hospital for treatment under a [F1health care] arrangement (unless he was dead on arrival at that hospital), or

(iii)received treatment as mentioned in head (i) and been provided with [F1health care] ambulance services as mentioned in head (ii),

(subject to paragraph (2)).

(2) Paragraph (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 sub-paragraph (a) or (c) of Article 3(7) if it were provided at a [F1health care] hospital.

(3) In paragraph (1), “ [F1health care] arrangement” means an arrangement or agreement between—

(a)the hospital in question or a body responsible for it, and

(b)a Health and Social Services Board or an [F2HSC trust].

(4) In this Article “qualifying hospital” means a hospital which is not a [F1health care] hospital.

Textual Amendments

Commencement Information

I3Art. 17 wholly in force at 29.1.2007: art. 17 not in force at Royal Assent see art. 1(2); art. 17 in force for certain purposes at 4.12.2006 and wholly in force at 29.1.2007 for all other purposes by S.R. 2006/484, art. 2

The CrownN.I.

18.  This Order binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

Regulations and ordersN.I.

19.—(1) Regulations under Article 3(10) or the first regulations under Article 5(2) may not be made unless a draft has been laid before and approved by resolution of the Assembly.

(2) Any other regulations or orders made by the Department of Health, Social Services and Public Safety under this Order (except an order under Article 1) shall be subject to negative resolution.

(3) Regulations or orders under this Order may make—

(a)supplementary, incidental or consequential provision,

(b)transitory, transitional or saving provision.

Commencement Information

I4Art. 19 wholly in force at 29.1.2007: art. 19 not in force at Royal Assent see art. 1(2); art. 19 in force for certain purposes at 4.12.2006 and wholly in force at 29.1.2007 for all other purposes by S.R. 2006/484, art. 2

Supplementary and consequential provisionN.I.

20.—(1) The Department of Health, Social Services and Public Safety may by order make—

(a)such supplementary, incidental or consequential provision, or

(b)such transitory, transitional or saving provision,

as it considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to, any provision of this Order.

(2) The provision which may be made under paragraph (1) includes provision amending or repealing any statutory provision, instrument or document.

Commencement Information

I5Art. 20 wholly in force at 29.1.2007: art. 20 not in force at Royal Assent see art. 1(2); art. 20 in force for certain purposes at 4.12.2006 and wholly in force at 29.1.2007 for all other purposes by S.R. 2006/484, art. 2

Repeals and transitional provisionsN.I.

21.—(1) The statutory provisions mentioned in Schedule 2 are repealed to the extent specified in the second column of that Schedule.

(2) The repeal by this Order of Part II of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) does not affect the operation of that Part in relation to any injury which occurs before the date on which this Article comes into operation.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources