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

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Reduction of NHS charges in cases of contributory negligence

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3.—(1) The circumstances in which the amount (or amounts) specified in a certificate relating to a qualifying claim are to be reduced in accordance with section 153(10) are where–

(a)the applicant for the certificate sends to the Scottish Ministers a report which contains the information specified in paragraph (2) and is signed by the parties, to the agreement referred to in paragraph (2)(a); and

(b)it appears to the Scottish Ministers from that report that the agreement was reached in a fair manner.

(2) For the purposes of paragraph (1)(a) the following information is specified–

(a)a statement that it was agreed by or on behalf of the injured person and the person who proposed to make a compensation payment that the damages payable under the settlement were to be reduced to reflect the injured person’s share in the responsibility for the injury in question;

(b)a statement as to how that agreement was reached;

(c)the amount of damages payable under the settlement had there been no such agreement;

(d)the amount or proportion by which it was agreed that the damages were to be reduced; and

(e)the names of all those involved in the settlement process.

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