Statutory Rules of Northern Ireland

2002 No. 373

ROAD TRAFFIC

The Road Traffic (Health Services Charges) (Amendment No. 2) Regulations (Northern Ireland) 2002

Made

4th December 2002

Coming into operation

1st January 2003

The Department of Health, Social Services and Public Safety, in exercise of the powers conferred on it by sections 25(2) and (4), 37 and 57(1) and (3) of the Health and Personal Social Services Act (Northern Ireland) 2001(1), and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Road Traffic (Health Services Charges) (Amendment No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 1st January 2003.

(2) In these Regulations, “the principal Regulations” means the Road Traffic (Health Services Charges) Regulations (Northern Ireland) 2001(2).

Amendment of regulation 4 of the principal Regulations

2. Regulation 4 of the principal Regulations (amount of health services charges – incidents on or after 2nd July 1997) shall be amended as follows–

(a)in paragraph (2)–

(i)in sub-paragraph (a) for “amount of £354” substitute “amount of £440 unless the incident occurred on or after 1st April 2003, in which case, the amount of £452”;

(ii)in sub-paragraph (b) for the words from “sum of £435” to the end substitute “sum of £541 for each day, or part day, of admission unless the incident occurred on or after 1st April 2003, in which case the sum of £556 for each day, or part day, of admission.”;

(b)in paragraph (5) for “shall be £10,000” substitute “shall be £30,000 unless the certificate relates to an incident which occurred on or after 1st April 2003 in which case it shall be £33,000.”.

Saving

3. Notwithstanding regulation 2 above, in relation to an incident which occurred before 1st January 2003, the principal Regulations shall continue to have effect as if the amendments made by these Regulations had not been made.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 4th December 2002.

L.S.

Denis McMahon

Senior Officer of the

Department of Health, Social Services and Public Safety

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Road Traffic (Health Services Charges) Regulations (Northern Ireland) 2001 (“the principal Regulations”) which provide for a scheme for the recovery from insurers and certain other persons of charges in connection with the health services treatment of road traffic casualties.

Amendments made to the principal Regulations by regulation 2 increase the charges. Where a traffic casualty received health services treatment but was not admitted to hospital in respect of an incident which occurred on or after 1st January 2003 and before 1st April 2003 the charge is increased from £354 to £440 and when the incident occurred on or after 1st April 2003 to £452. The daily charge for health services in-patient treatment in respect of an incident which occurred on or after 1st January 2003 and before 1st April 2003 is increased from £435 to £541 and when the incident occurred on or after 1st April 2003 to £556. The maximum charge for in-patient treatment in respect of an incident which occurred on or after 1st January 2003 and before 1st April 2003 is increased from £10,000 to £30,000 and when the incident occurred on or after 1st April 2003 to £33,000.

Regulation 3 is a saving provision which maintains the current charges for incidents occurring before 1st January 2003.

(1)

2001 c. 3 (N.I.)

(2)

S.R. 2001 No. 125; relevant amending instrument is S.R. 2002 No. 52