The Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 provides for a scheme for the recovery of charges in cases where an injured person who receives a compensation payment in respect of the injury has received National Health Service hospital treatment or ambulance services. The charges are specified in certificates issued by the Scottish Ministers and are payable by persons who pay compensation to the injured person.

A person to whom a certificate is issued may appeal against the certificate, provided that person pays beforehand the amounts specified in the certificate or the Scottish Ministers waive the requirement to pay. The person may also appeal against the Scottish Ministers' decision whether to waive the requirement to pay (“the waiver decision”).

Regulations 2 to 9 make provision–

(a) for the circumstances and timing of reviews by the Scottish Ministers of certificates (regulation 2);

(b) for the Scottish Ministers to inform a person to whom a certificate is issued of particulars relating to appeals against certificates (regulation 3);

(c) as to the manner and timing of applying for a waiver of the requirement in section 157(2)(b) to pay the amount specified in the certificate before appealing against the certificate and for appealing a waiver decision (regulation 4);

(d) as to the manner and timing of appealing against a certificate (regulation 5);

(e) for the general matters relating to appeals against waiver decisions or certificate (regulation 6);

(f) as to the grounds on which, and manner by which, an application can be made for an extension of the time limits for making an appeal against a waiver decision or certificate (regulation 7);

(g) for the application of certain provisions (modified accordingly) of the Social Security Regulations relating to procedural matters of the appeal tribunal to appeals against waiver decisions and certificates (regulation 8); and

(h) for the consolidation of appeals against certificates relating to the same injury (regulation 9).