Miscellaneous and general N.I.

Power to apply this Order to treatment at non- [F1 health care] hospitals N.I.

17.—(1) Regulations may make provision for this Order to apply, with such modifications as may be prescribed, if—

(a) a person makes a compensation payment as mentioned in Article 3(1)(a), but

(b) the person to or in respect of whom the payment is made has—

(i) received treatment as a result of the injury at a qualifying hospital under a [F1 health care] arrangement,

(ii) been provided with [F1 health care] ambulance services as a result of the injury for the purpose of taking him to a qualifying hospital for treatment under a [F1 health care] arrangement (unless he was dead on arrival at that hospital), or

(iii) received treatment as mentioned in head (i) and been provided with [F1 health care] ambulance services as mentioned in head (ii),

(subject to paragraph (2)).

(2) Paragraph (1)(b) does not apply where the person to or in respect of whom the payment is made receives, or is taken to a hospital for, treatment which would be provided as mentioned in sub-paragraph (a) or (c) of Article 3(7) if it were provided at a [F1 health care] hospital.

(3) In paragraph (1), “ [F1 health care] arrangement” means an arrangement or agreement between—

(a) the hospital in question or a body responsible for it, and

(b) F2 ... an [F3 HSC trust].

(4) In this Article “qualifying hospital” means a hospital which is not a [F1 health care] hospital.

Textual Amendments

F1 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(b) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F2 Words in art. 17(3)(b) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 211; S.R. 2022/102, art. 2(b)

F3 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

Commencement Information

I1 Art. 17 wholly in force at 29.1.2007: art. 17 not in force at Royal Assent see art. 1(2); art. 17 in force for certain purposes at 4.12.2006 and wholly in force at 29.1.2007 for all other purposes by S.R. 2006/484, art. 2