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

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7.—(1) This regulation applies where, apart from the provisions of this regulation, the payments due under an agreement or court order referred to in paragraph (2) would fall to be treated for the purposes of the Act as compensation payments.

(2) The agreement or court order referred to in paragraph (1) is–

(a)an agreement entered into in final settlement of a claim made by or on behalf of an injured person for–

(i)the making of periodical compensation payments (whether of an income or capital nature); or

(ii)the making of such payments and lump sum payments; or

(b)an order by a court which–

(i)awards damages to an injured person in respect of injury or death arising out of an incident; and

(ii)orders that the damages are wholly or partly to take the form of periodical payments.

(3) Where this regulation applies–

(a)the person liable to make the payment under the agreement or order shall be taken to have made a single compensation payment on the day of agreement or the date of making the court order; and

(b)payments under the agreement or court order referred to in paragraph (2) and any other payment made to the injured person after the day of agreement or court order in respect of the same incident, shall be taken not to be compensation payments and are prescribed for the purposes of paragraph 8 of Schedule 10 to the Act.

(4) In this regulation, “the day of agreement” means–

(a)if the agreement referred to in paragraph (2)(a) is approved by the court, the day on which that approval is given; and

(b)in any other case, the day on which the agreement is entered into.

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