Statutory Instruments

2012 No. 387

National Health Service, England And Wales

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

Made

15th February 2012

Laid before Parliament

20th February 2012

Coming into force

1st April 2012

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 2003(1).

In accordance with section 195(3) of that Act, the Secretary of State has consulted the Welsh Ministers(2).

Citation, commencement, application and interpretation

1.—(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 2007(3).

Amendment of regulation 2 of the principal Regulations

2.  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”.

Saving

3.  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 Burns

Minister of State,

Department of Health

15th February 2012

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.

(1)

2003 c.43. By section 167(1), the powers are exercisable in relation to England and Wales by the Secretary of State. See section 168 for the definition of “prescribed”. Section 195 was amended by Schedule 4 to the National Health Service (Consequential Provisions) Act 2006 (c.43) and by S.I. 2006/1407.

(2)

Functions conferred or imposed on the National Assembly for Wales immediately before the first appointment of a First Minister under section 46 of the Government of Wales Act 2006 (c.32) (“GOWA”) by an enactment contained in an Act were transferred to the Welsh Ministers by paragraph 30(2) of Schedule 11 to GOWA.