(This note is not part of the Regulations)
These Regulations amend the Personal Injuries (NHS Charges) (Amounts) (Scotland) Regulations 2006 (“the principal Regulations”) which make provision in relation to the amount of NHS charges which can be recovered from a person who pays compensation to an injured person where that injured person has received National Health Service treatment or ambulance services.
Regulation 2 amends regulation 2P of the principal Regulations and inserts regulation 2Q into the principal Regulations to increase the charges in respect of injuries which occur on or after 2 October 2023. Where the injured person is provided with NHS ambulance services, the charge is increased from £238 to £243 for each occasion on which the service is provided. Where the injured person receives NHS treatment but is not admitted to hospital, the charge is increased from £788 to £806. The daily charge for NHS in patient treatment is increased from £968 to £991. The maximum charge in respect of an injury is increased from £57,892 to £59,248.
Regulation 2 also makes consequential amendments, by way of inserting references to the increased charges in new regulation 2Q, to provisions in the principal Regulations in relation to situations where (a) a person makes more than one compensation payment to an injured person and (b) a person is due to pay NHS charges to both the Scottish Ministers and the Secretary of State.