The Personal Injuries (NHS Charges) (Amounts) (Scotland) Amendment Regulations 2023

Amendment of the Personal Injuries (NHS Charges) (Amounts) (Scotland) Regulations 2006

2.—(1) The Personal Injuries (NHS Charges) (Amounts) (Scotland) Regulations 2006(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2O(1) (amount of NHS charges – injuries occurring on or after 1 April 2022)(2), after “1 April 2022” insert “and before 1 April 2023”.

(3) After regulation 2O insert—

“Amount of NHS charges – injuries occurring on or after 1 April 2023

2P.— (1) Subject to the following paragraphs and regulations 3 and 3A, a certificate relating to an injury which occurs on or after 1 April 2023 must, for the purposes of section 153(2), specify—

(a) the sum of £238 for each occasion on which, as a result of such an injury, the injured person was provided with NHS ambulance services for the purpose of taking the injured person to a hospital for NHS treatment, and

(b) where the injured person received NHS treatment at a hospital in respect of the injury, if the injured person was—

(i) not admitted to hospital, the sum of £788, or

(ii) admitted to hospital, the sum of £968 for each day or part day of the admission.

(2) For the purposes of paragraph (1)(a), the reference to taking an injured person to a hospital includes taking that person from one hospital to another.

(3) Where the injured person was admitted to hospital on one day and discharged on another day, the day of the discharge is to be disregarded for the purpose of paragraph (1)(b)(ii).

(4) The amount which a certificate may specify under paragraph (1)(a) or (1)(b), or both, must not exceed £57,892 (“the maximum”).

(5) Where—

(a) amounts fall to be specified under both paragraph (1)(a) and paragraph (1)(b), and

(b) the aggregate of those amount would exceed the maximum,

the amount to be specified under paragraph (1)(b) is to be reduced by the difference between the maximum and the aggregate of those amounts.”.

(4) In regulation 3(2) (amount of NHS charges: further provision)(3), for “or 2O” substitute “, 2O or 2P”.

(5) In regulation 6 (adjustment of amounts where certificates are issued by the Scottish Ministers and the Secretary of State)—

(a) in paragraph (1)(b)(4), for “or 2O(4)” substitute “, 2O(4) or 2P(4)”, and

(b) in paragraph (2)(a)(5), for “or 2O(4) and (5)” substitute “, 2O(4) and (5) or 2P(4) and (5)”.

(1)

S.S.I. 2006/588, as relevantly amended by S.S.I. 2008/96, S.S.I. 2009/193, S.S.I. 2010/42, S.S.I. 2011/71, S.S.I. 2012/76, S.S.I. 2013/53, S.S.I. 2014/57, S.S.I. 2015/81, S.S.I. 2016/59, S.S.I. 2017/58, S.S.I. 2018/47, S.S.I. 2019/27, S.S.I. 2020/16, S.S.I. 2021/60 and S.S.I. 2022/45.

(2)

Regulation 2O was inserted by S.S.I. 2022/45.

(3)

Regulation 3(2) was most recently amended by S.S.I. 2022/45.

(4)

Regulation 6(1)(b) was most recently amended by S.S.I. 2022/45.

(5)

Regulation 6(2)(a) was most recently amended by S.S.I. 2022/45.