Road Traffic (NHS Charges) Act 1999

Recovery of NHS charges

4 Payment of NHS charges

(1) If the certificate by reference to which an amount payable under section 1(2) is determined is issued before the settlement date, that amount must be paid before the end of the period of 14 days beginning with the settlement date.

(2) If the certificate by reference to which an amount payable under section 1(2) is determined is issued on or after the settlement date, that amount must be paid before the end of the period of 14 days beginning with the day on which the certificate is issued.

(3) “Settlement date” means the date on which the compensation payment is made.

(4) This section is subject to section 5(2).

5 Recovery of NHS charges

(1) This section applies if a person has made a compensation payment and either—

(a) subsection (8) of section 2 applies but he has not applied for a certificate as required by that subsection; or

(b) he has not made payment, in full, of any amount due under section 1(2) by the end of the period allowed under section 4.

(2) The Secretary of State may—

(a) in a case within subsection (1)(a), issue the person who made the compensation payment with a certificate, and

(b) in a case within subsection (1)(b), issue him with a copy of the certificate or (if more than one has been issued) the most recent one,

and, in either case, issue him with a demand that payment of any amount due under section 1(2) be made immediately.

(3) The Secretary of State may recover the amount for which a demand for payment is made under subsection (2) from the person who made the compensation payment.

(4) If the person who made the compensation payment resides or carries on business in England and Wales and a county court so orders, the amount demanded is recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.

(5) If the person who made the compensation payment resides or carries on business in Scotland, the demand may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(6) A document which states that it is a record of the amount recoverable under subsection (3) is conclusive evidence that that amount is so recoverable if it is signed by a person authorised to do so by the Secretary of State.

(7) For the purposes of subsection (6), a document purporting to be signed by a person authorised to do so by the Secretary of State is to be treated as so signed unless the contrary is proved.