2006 No. 84

NATIONAL HEALTH SERVICE
ROAD TRAFFIC

The Road Traffic (NHS Charges) Amendment (Scotland) Regulations 2006

Made

Laid before the Scottish Parliament

Coming into force

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 2006 and shall come into force on 1st April 2006.

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 4D(1) after “1st April 2005” insert “and before 1st April 2006”.

3

After regulation 4D insert–

Amount of NHS Charges – incidents on or after 1st April 20064E

1

This regulation applies to any compensation payment made in respect of an incident which occurred on or after 1st April 2006.

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 £505; 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 £620 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 £37,100.

4

In regulation 6(b) (particulars of amounts specified in certificate) for “4C(2)(b) or 4D(2)(b)”, substitute “4C(2)(b), 4D(2)(b) or 4E(2)(b)”.

5

In regulation 13(2) (multiple compensation payments) for “4C or 4D”, substitute “4C, 4D or 4E”.

ANDREW P KERRA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Road Traffic (NHS Charges) Regulations 1999 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 2006.

Where a road traffic casualty receives NHS treatment but is not admitted to hospital the charge is increased from £483 to £505 in relation to incidents occurring on or after 1st April 2006.

Where a road traffic casualty receives NHS treatment and is admitted to hospital the daily charge is increased from £593 to £620 in relation to incidents occurring on or after 1st April 2006. The maximum charge which can be made for such treatment is increased from £35,500 to £37,100 in relation to incidents occurring on or after 1st April 2006.