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

Manner of making appeals and time limits

3.—(1) Any appeal against a certificate shall, subject to paragraph (10), be in writing on a form approved by the Secretary of State and shall be sent or delivered to the Compensation Recovery Unit—

(a) not later than 3 months after the data the compensator discharged the liability under section 1 of the Act;

(b) where the certificate is reviewed by the Secretary of State in accordance with regulation 3(17), not later than 3 months after the date the certificate is confirmed, or, as the case may be, a fresh certificate is issued; or

(c) where an agreement is made under which an earlier compensation payment is treated as having been made in final discharge of a claim made by or in respect of a traffic casualty and arising out of the injury or death, not later than 3 months after the date of that agreement.

(2) The time specified by this regulation for the making of any appeal may be extended, even though the time so specified may already have expired, provided the conditions set out in paragraphs (3) to (7) are satisfied; and any application for an extension of time under this paragraph shall be made to the Compensation Recovery Unit and shall be determined by a chairman of a tribunal.

(3) Where the time specified for the making of an appeal has already expired, an application for an extension of time for making an appeal shall not be granted unless the applicant has satisfied the chairman considering the application that—

(a) if the application is granted there are reasonable prospects that such an appeal will be successful; and

(b) it is in the interests of justice that the application be granted.

(4) For the purposes of paragraph (3) it shall not be considered to be in the interests of justice to grant an application unless the chairman considering the application is satisfied that—

(a) special reasons exist, which are wholly exceptional and which relate to the history or facts of the case; and

(b) such special reasons have existed throughout the period beginning with the day following the expiry of the time specified by paragraph (1) for the making of an appeal and ending with the day on which the application for an extension of time is made; and

(c) such special reasons manifestly constitute a reasonable excuse of compelling weight for the applicant’s failure to make an appeal within the time specified.

(5) In determining whether there are special reasons for granting an application for an extension of time for making an appeal under paragraph (2) the chairman considering the application shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time specified for the making of the appeal and the making of the application for an extension of time, the more cogent should be the special reasons on which the application is based.

(6) In determining whether facts constitute special reasons for granting an application for an extension of time for making an appeal under paragraph (2) no account shall be taken of the following—

(a) that the applicant or anyone acting for him or advising him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of any time limits imposed by paragraph (1));

(b) that a court has taken a different view of the law from that previously understood and applied.

(7) Notwithstanding paragraph (2), no appeal may in any event be brought later than 6 years after the beginning of the period specified in paragraph (1) or if more than one such period is relevant, the one beginning later or latest.

(8) An application under paragraph (2) for an extension of time which has been refused may not be renewed.

(9) Any appeal or any application under this regulation shall contain the following particulars—

(a) in the case of an appeal, the date of the certificate or review decision of the Secretary of State against which the appeal is made, the question under section 7 of the Act to which the appeal relates and a summary of the arguments relied on by the person making the appeal to support his contention that the certificate is wrong;

(b) in the case of an application under paragraph (2) for an extension of time in which to appeal, the particulars required under sub-paragraph (a) in relation to the appeal which it is proposed to bring, together with particulars of the special reasons on which the application is based.

(10) Where an appeal is not made on the form approved for the time being, but is made in writing and contains all the particulars required under paragraph (9) the Secretary of State may treat that appeal as duly made.

(11) Where it appears to the Secretary of State that an appeal or application does not contain the particulars required under paragraph (9) he may direct the person making the appeal or application to provide such particulars or such document.

(12) Where paragraph (11) applies, the Secretary of State may extend the time specified by this regulation for making the application by a period of not more than 14 days.

(13) Where further particulars of a document are required under paragraph (11) they shall be sent or delivered to the Compensation Recovery Unit within such period as the Secretary of State may direct.

(14) The date of an appeal shall be the date on which all the particulars required under paragraph (9) are received by the Compensation Recovery Unit.

(15) In the case of an application under paragraph (2) for an extension of time for making an appeal, the chairman who determines that application shall record his decision in writing together with a statement of the reasons for the decision.

(16) As soon as practicable after the decision has been made, it shall be communicated to the applicant and to the Secretary of State and if within 3 months of such communication being sent the applicant or the Secretary of State so requests in writing, a copy of the record referred to in paragraph (15) shall be supplied to the person making that request.

(17) The Secretary of State may treat any appeal as an application for review under section 6 of the Act.