The Road Traffic (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 1999

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Road Traffic (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 1999 and shall come into force on 1st July 1999.

(2) In these Regulations–

“the Act” means the Road Traffic (NHS Charges) Act 1999;

“appeal” means an appeal against a certificate under section 7 of the Act;

“certificate” means a certificate of NHS charges, issued under section 2 of the Act;

“Compensation Recovery Unit” means the Compensation Recovery Unit of the Department of Social Security(1);

“compensator” means a person making a compensation payment within the meaning of section 1(3) of the Act;

“tribunal” means the Road Traffic (NHS Charges) Tribunal for Scotland constituted under regulation 4 of these Regulations.

(3) A reference in these Regulations to the parties to the proceedings is a reference to the Secretary of State and any person entitled under section 7(1) of the Act to make an appeal.

(4) Where, by any provisions of these Regulations–

(a) any notice or other document is required to be sent to the Compensation Recovery Unit, or the clerk to or the chairman of the tribunal, that notice or document shall be treated as having been so sent on the day that it is received in the office of the Compensation Recovery Unit or of the clerk to the tribunal, as appropriate; and

(b) any notice or other document is required to be sent to any other person, that notice or document shall, if sent by post to that person’s last known or notified address, be treated as having been sent on the day that it was posted.

(5) Where by these Regulations any power is conferred on the chairman of the tribunal then–

(a) if the power is to be exercised at the hearing of an appeal or application, it shall be exercised by the chairman of the tribunal hearing the appeal or application; and

(b) otherwise, it shall be exercised by a person who is eligible to be nominated to act as a chairman.

(1)

The address of the Compensation Recovery Unit is, on the day these Regulations come into force: Reyrolle Building, Hebburn, Tyne and Wear, NB31 1XB.