PART IIRECOVERY OF CHARGES IN CONNECTION WITH THE TREATMENT OF ROAD TRAFFIC CASUALTIES

Reviews and appeals

29Appeals against a certificate

1

An appeal against a certificate may be made by the person to whom the certificate was issued on the ground—

a

that an amount specified in the certificate is incorrect;

b

that an amount so specified takes into account treatment which is not health services treatment received by the traffic casualty, in respect of his injury, at a health services hospital; or

c

that the payment on the basis of which the certificate was issued is not a compensation payment.

2

No appeal may be made until—

a

the claim giving rise to the compensation payment has been finally disposed of; and

b

payment of the amount specified in the certificate has been made to the Department.

3

For the purposes of subsection (2)(a), if an award of damages in respect of a claim has been made under paragraph 10(2)(a) of Schedule 6 to the Administration of Justice Act 1982 (c. 53), (orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.

4

Regulations may make provision—

a

as to the manner in which, and the time within which, an appeal may be made;

b

as to the procedure to be followed where an appeal is made; and

c

for the purpose of enabling an appeal to be treated as an application for a review under section 28.