Road Traffic (NHS Charges) Act 1999

1 Payment for hospital treatment of traffic casualties. E+W

(1) This section applies if—

(a) a person (“the traffic casualty”) has suffered injury, or has suffered injury and died, as a result of the use of a motor vehicle on a road;

(b) a compensation payment is made in respect of that injury or death; and

(c) the traffic casualty has received NHS treatment at a health service hospital in respect of his injury.

(2) The person making the compensation payment is liable to pay the appropriate NHS charges to the Secretary of State in respect of the treatment.

(3) “Compensation payment” means—

(a) a payment made by an authorised insurer under, or in consequence of, a policy issued under section 145 of the M1 Road Traffic Act 1988,

(b) a payment made by the owner of the vehicle, in a case where the vehicle is one in relation to the use of which a security under Part VI of that Act is in force,

(c) a payment made by the owner of the vehicle who has made a deposit under that Part, or

(d) a payment made in pursuance of a compensation scheme for motor accidents,

but does not include a payment under section 158 of that Act.

(4) A payment is a compensation payment whether or not it is made—

(a) in the United Kingdom; or

(b) voluntarily, or in pursuance of a court order or an agreement, or otherwise.

(5) Regulations may provide that a payment of a prescribed description is not to count as a compensation payment, either generally or in such circumstances as may be prescribed.

(6) “NHS treatment” means any treatment (including any examination of the traffic casualty), other than—

(a) treatment provided by virtue of [F1 section 18A(4) or 65] of the M2 National Health Service Act 1977, section 57 of, or paragraph 14 of Schedule 7A to, the M3 National Health Service (Scotland) Act 1978 or paragraph 14 of Schedule 2 to the M4 National Health Service and Community Care Act 1990 (accommodation and services for private patients); or

(b) treatment provided at a health service hospital by virtue of section 72 of the Act of 1977 or section 64 of the Act of 1978 (permission for use of national health service accommodation or facilities in private practice).

(7) “The appropriate NHS charges” means the amount or amounts specified in a certificate of NHS charges—

(a) issued under section 2, in respect of the traffic casualty, to the person making the compensation payment; and

(b) in force.

(8) This section applies in relation to any compensation payment made after the date on which this section comes into force but not to one payable under a court order, or agreement, made before that date.

(9) For the purposes of this Act, it is irrelevant whether a compensation payment is made with or without an admission of liability.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Words in s. 1(6)(a) substituted (E.W.)(8.2.2000) by virtue of S.I. 2000/90, art. 3, Sch. 1 para. 36(2) (with art. 2(5))

Marginal Citations

M1 1988 c. 52.

M2 1977 c. 49.

M3 1978 c. 29.

M4 1990 c. 19.

1 Payment for hospital treatment of traffic casualties. S

(1) This section applies if—

(a) a person (“the traffic casualty”) has suffered injury, or has suffered injury and died, as a result of the use of a motor vehicle on a road [F2 or in some other public place] ;

(b) a compensation payment is made in respect of that injury or death; and

(c) the traffic casualty has received NHS treatment at a health service hospital in respect of his injury.

(2) The person making the compensation payment is liable to pay the appropriate NHS charges to the Secretary of State in respect of the treatment.

(3) “Compensation payment” means—

(a) a payment made by an authorised insurer under, or in consequence of, a policy issued under section 145 of the M5 Road Traffic Act 1988,

(b) a payment made by the owner of the vehicle, in a case where the vehicle is one in relation to the use of which a security under Part VI of that Act is in force,

(c) a payment made by the owner of the vehicle who has made a deposit under that Part, or

(d) a payment made in pursuance of a compensation scheme for motor accidents,

but does not include a payment under section 158 of that Act.

(4) A payment is a compensation payment whether or not it is made—

(a) in the United Kingdom; or

(b) voluntarily, or in pursuance of a court order or an agreement, or otherwise.

(5) Regulations may provide that a payment of a prescribed description is not to count as a compensation payment, either generally or in such circumstances as may be prescribed.

(6) “NHS treatment” means any treatment (including any examination of the traffic casualty), other than—

(a) treatment provided by virtue of section 65 of the M6 National Health Service Act 1977, section 57 of, or paragraph 14 of Schedule 7A to, the M7 National Health Service (Scotland) Act 1978 or paragraph 14 of Schedule 2 to the M8 National Health Service and Community Care Act 1990 (accommodation and services for private patients); or

(b) treatment provided at a health service hospital by virtue of section 72 of the Act of 1977 or section 64 of the Act of 1978 (permission for use of national health service accommodation or facilities in private practice).

(7) “The appropriate NHS charges” means the amount or amounts specified in a certificate of NHS charges—

(a) issued under section 2, in respect of the traffic casualty, to the person making the compensation payment; and

(b) in force.

(8) This section applies in relation to any compensation payment made after the date on which this section comes into force but not to one payable under a court order, or agreement, made before that date.

(9) For the purposes of this Act, it is irrelevant whether a compensation payment is made with or without an admission of liability.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and only

Textual Amendments

F2 Words in s. 1(1)(a) inserted (S.) (13.5.2002) by Community Care and Health (Scotland) Act 2002 (asp 5), s. 20(3); S.S.I. 2002/170, art. 2(2)

Marginal Citations

M5 1988 c. 52.

M6 1977 c. 49.

M7 1978 c. 29.

M8 1990 c. 19.