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

Interim payments repaid under court order

8.—(1) This regulation applies where–

(a) a person has made a payment of relevant NHS charges to the Scottish Ministers;

(b) that payment relates to a compensation payment which is an interim payment of damages in respect of the injury, the whole amount of which a court has ordered to be repaid; and

(c) no other compensation payment has been made by that person to the injured person in respect of the same injury.

(2) Where this regulation applies, the Scottish Ministers shall pay to the person who made the compensation payment the amount of the payment in paragraph (1)(a).

(3) Where this regulation applies and the Scottish Ministers have (under section 162(1)) made the payment to a responsible body or relevant ambulance trust, the Scottish Ministers may–

(a) deduct the amount paid to that responsible body or relevant ambulance trust from any future payment due under that section;

(b) require the responsible body or relevant ambulance trust to pay that amount to them; or

(c) discharge their duty under paragraph (2) by requiring the responsible body or relevant ambulance trust to pay that amount to the person who paid the relevant NHS charges.

(4) Where the Scottish Ministers make a deduction or a demand for payment under paragraph (3), they shall (with the demand or the payment from which the deduction is made) send the responsible body or relevant ambulance trust a statement showing–

(a) the name and address of the injured person to whom the statement relates;

(b) the amount already paid by the Scottish Ministers; and

(c) whether that amount has been deducted, or payment to the Scottish Ministers or to the person who paid the relevant NHS charges is required.