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

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Appeals against certificates

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5.—(1) Any appeal against a certificate shall be in writing on a form approved by the Scottish Ministers(b) and unless an application has been granted to extend the time for an appeal against a certificate under regulation 7, shall be sent to the Scottish Ministers–

(a)not later than 3 months after–

(i)the date of the certificate; or

(ii)if later, the date on which the compensation payment was made; or

(b)where a certificate is confirmed following a review by the Scottish Ministers under section 156, not later than 3 months after the date of that confirmation; or

(c)where an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of a claim made by or in respect of an injured person and arising out of the injury or death, not later than 3 months after the date of that agreement; or

(d)where the compensator makes a waiver application, not later than 1 month after–

(i)the date of the waiver decision; or

(ii)if the compensator appeals that decision, the date on which the appeal is decided or withdrawn.

(2) Where the points raised in an appeal against a certificate have not already been the subject of a review under section 156, the Scottish Ministers, if they think it appropriate to do so, may treat an appeal against a certificate as an application for review under section 156(4).

(3) Where the Scottish Ministers decide to treat an appeal against a certificate as an application for review under section 156(4) they must advise the applicant that they have done so and–

(a)where the certificate is confirmed notify the applicant of that decision and treat the application as an appeal; or

(b)otherwise issue a fresh certificate.

(4) Any appeal under this regulation shall contain the following particulars–

(a)the date of the certificate in relation to which the appeal is made;

(b)the ground under section 157 to which the appeal relates; and

(c)a summary of the arguments relied on by the person making the appeal to support that person’s contention that the certificate is wrong.

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