The Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2004

Made24th February 2004

Laid before the Scottish Parliament27th February 2004

Coming into force1st April 2004

The Scottish Ministers, in exercise of the powers conferred by sections 3(2) and (4) and 16(2)(a) and (b) of the Road Traffic (NHS Charges) Act 19991 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent1

1

These Regulations may be cited as the Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2004 and shall come into force on 1st April 2004.

2

These Regulations extend to Scotland only.

Amendment of the Road Traffic (NHS Charges) Regulations 19992

1

The Road Traffic (NHS Charges) Regulations 19992 are amended as follows.

2

In regulation 4B(1) after “1st January 2003” insert “and before 1st April 2004”.

3

After regulation 4B, insert–

Amount of NHS Charges – incidents on or after 1st April 20044C
1
This regulation applies to any compensation payment made in respect of an incident which occurred on or after 1st April 2004.
2
Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify–
a
when the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £473; or
b
subject to paragraphs (3) and (4), where the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital, the sum of £582 for each day or part day of admission.
3
Where the traffic casualty was admitted to hospital on one day and discharged on another day, the day of discharge shall be disregarded for the purposes of paragraph (2)(b).
4
The maximum amount, which may be specified in a certificate to which paragraph (2)(b) applies shall be £34,800.

4

In regulation 6(b) (particulars of amounts specified in certificate) for “4A(2)(b) or (c) or 4B(2)(b)” there is substituted “4A(2)(b) or (c), 4B(2)(b) or 4C(2)(b)”.

5

In regulation 13(2) (multiple compensation payments) for “4A or 4B” there is substituted “4A, 4B or 4C”.

MALCOLM CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh24th February 2004

(This note is not part of the Regulations)

These Regulations amend the Road Traffic (NHS Charges) Regulations 1999 (“the 1999 Regulations”) which provide for a scheme for the recovery from insurers and other persons of charges in connection with the treatment of road traffic casualties by the National Health Service.

The effect of the Regulations is to increase those charges in relation to incidents giving rise to treatment which occur on or after 1st April 2004.

Where a road traffic casualty receives NHS treatment but is not admitted to hospital the charge is increased from £452 to £473 in relation to incidents occurring on or after 1st April 2004.

Where a road traffic casualty receives NHS treatment and is admitted to hospital the daily charge is increased from £556 to £582 in relation to incidents occurring on or after 1st April 2004. The maximum charge which can be made for such treatment is increased from £33,000 to £34,800 in relation to incidents occurring on or after 1st April 2004.