2012 No. 387

National Health Service, England And Wales

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2012

Made

Laid before Parliament

Coming into force

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 153(2) and (5), and 195(1) and (2) of the Health and Social Care (Community Health and Standards) Act 20031.

In accordance with section 195(3) of that Act, the Secretary of State has consulted the Welsh Ministers2.

Citation, commencement, application and interpretation1

1

These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2012 and come into force on 1st April 2012.

2

These Regulations apply in relation to England and Wales.

3

In these Regulations—

  • “certificate” means a certificate issued under section 151 of the Health and Social Care (Community Health and Standards) Act 2003; and

  • “principal Regulations” means the Personal Injuries (NHS Charges) (Amounts) Regulations 20073.

Amendment of regulation 2 of the principal Regulations2

In regulation 2 of the principal Regulations (amount of NHS charges)—

a

in paragraph (1)(a) for “£181” substitute “£185”;

b

in paragraph 1(b)(i) for “£600” substitute “£615”;

c

in paragraph 1(b)(ii) for “£737” substitute “£755”; and

d

in paragraph (4) for “£44,056” substitute “£45,153”.

Saving3

The principal Regulations shall continue to have effect in respect of a certificate relating to an injury which occurred before 1st April 2012 as if the amendments made by these Regulations had not been made.

Signed by authority of the Secretary of State for Health.

Simon BurnsMinister of State,Department of Health
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 (“the principal Regulations”) which make provision about the charges payable under the scheme for the recovery of NHS charges in cases where an injured person who receives a compensation payment in respect of their injury has received NHS hospital treatment or ambulance services.

Amendments made to the principal Regulations by regulation 2 increase the charges in respect of injuries which occur on or after 1st April 2012. Where the injured person is provided with NHS ambulance services, the charge is increased from £181 to £185. Where the injured person receives NHS treatment, but is not admitted to hospital, the charge is increased from £600 to £615. The daily charge for NHS in-patient treatment is increased from £737 to £755. The maximum charge in respect of an injury is increased from £44,056 to £45,153.

Regulation 3 is a saving provision which maintains the existing amounts for injuries occurring before 1st April 2012.