The National Health Service (Penalty Charge) (Scotland) Regulations 1999

Service of a penalty notice

2.—(1) Where a person fails to pay any amount referred to in section99ZB(1)(a) or (b) of the Act(1), the responsible authority mayserve a penalty notice requiring the person, within the period of 28 daysbeginning with the date on which the penalty notice was sent, to pay thatamount to the responsible authority together with a penalty chargedetermined in accordance with regulation 3 of these Regulations.

(2) A penalty notice shall be sent by post to the person’s last known address.

(3) The penalty notice shall state–

(a) the name of the person liable to pay the amount required to be paidunder the penalty notice;

(b) the amount recoverable as mentioned in section 99ZB(1)(a) or (b) of theAct;

(c) the amount of the penalty charge calculated in accordance withregulation 3 of these Regulations;

(d) the sum of the amounts referred to in sub-paragraphs (b) and (c), whichshall represent the total amount required to be paid under the penaltynotice;

(e) in relation to the total amount required to be paid under the penaltynotice–

(i) the responsible authority to whom that amount shall be paid;

(ii) the address to which that amount shall be sent;

(iii) the methods by which payment may be made; and

(iv) in accordance with paragraph (1), the date by which that amount shallbe paid to the responsible authority;

(f) that if the person fails to pay the amount he is required to pay by thedate specified in the penalty notice–

(i) the person must also pay to the responsible authority a surcharge; and

(ii) the amount of the surcharge he must pay, calculated in accordance withregulation 4(2) of these Regulations; and

(g) that a person is not liable by virtue of a penalty notice–

(i) to pay at any time so much of any amount referred to in section99ZB(1)(a) or (b) of the Act for which he is jointly and severally liablewith another person as at that time has been paid, or ordered by a court tobe paid, by that other person(2), or

(ii) to a penalty charge, or a surcharge, if he shows that he did not actwrongfully, or with any lack of care, in respect of the amount recoverableas mentioned in section 99ZB(1)(a) or (b) of the Act(3).

(1)

Section 99ZB applies to charges and payments which mayunder section 99 or 99ZA of the Act be recovered from a person in respectof the provision of those goods and services listed in section 99ZA(7);section 99ZA was inserted by the 1999 Act, section 59. Such charges includecharges which may be made and recovered for dental treatment provided inaccordance with pilot schemes under section 20 of the National HealthService (Primary Care) Act 1977 (c. 46); see section 99ZB(8).

(2)

see section 99ZB(7)(a) of the Act.

(3)

see section 99ZB(7)(b) of the Act