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The Personal Injuries (NHS Charges) (General) (Scotland) Regulations 2006

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Application for a certificate of NHS charges

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2.—(1) An application for a certificate shall be made to the Scottish Ministers and shall include the following particulars or documents–

(a)the full name and address of the injured person;

(b)the date of birth, and where known, the national insurance number of that person;

(c)the date on which the injury occurred;

(d)the nature of the injury;

(e)the name and address of any hospital at which the injured person received NHS treatment(1) in respect of that person’s injury;

(f)where the applicant has made a compensation payment in respect of the injury, the date on which that payment was made;

(g)where the certificate applied for relates to a claim to which any of the circumstances specified in paragraphs (a) to (g) of section 153(3) (information contained in certificates) applies–

(i)a statement of the proportion by which the damages payable in respect of the claim are to be reduced to reflect the injured person’s share in the responsibility for the injury in question; and

(ii)a copy of the order, judgement, minute or document which provides for the reduction; and

(h)where the certificate applied for relates to a qualifying claim(2) the report referred to in regulation 3(1)(a).

(2) An application under section 151(7) must be made not later than 14 days after the date on which the compensation payment is made.

(3) The prescribed period for the purposes of section 151(8)(b) (application for certificates of NHS charges) is 28 days.

(1)

See section 168 of the 2003 Act for the meaning of NHS treatment.

(2)

See section 153(9) of the 2003 Act for the meaning of qualifying claim. Section 153(9) was amended by the Health Act 2006 (c. 28), section 73.

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