The Damages (Government and Health Service Bodies) Order 2005

Statutory Instruments

2005 No. 474

DAMAGES, ENGLAND AND WALES

DAMAGES, NORTHERN IRELAND

The Damages (Government and Health Service Bodies) Order 2005

Made

4th March 2005

Laid before Parliament

9th March 2005

Coming into force

1st April 2005

The Lord Chancellor, in exercise of the powers conferred on him by section 2A(2) of the Damages Act 1996(1), hereby makes the following Order:

1.—(1) This Order may be cited as the Damages (Government and Health Service Bodies) Order 2005 and shall come into force on 1st April 2005.

(2) This Order extends to England and Wales and Northern Ireland.

2.—(1) The government bodies listed in Part 1 of the Schedule to this Order are hereby designated under section 2A(2) of the Damages Act 1996 as government bodies for the purposes of section 2(4)(c) and (7)(d) of that Act.

(2) The health service bodies listed in Part 2 of the Schedule to this Order are hereby designated under section 2A(2) of the Damages Act 1996 as health service bodies for the purposes of section 2(4)(c) and (7)(d) of that Act.

Signed by authority of the Lord Chancellor

David Lammy

Parliamentary Under Secretary of State

Department for Constitutional Affairs

Date 4th March 2005

Article 2

SCHEDULE

PART 1

Designated government bodies

• Department for Constitutional Affairs

• Department for Culture, Media and Sport

• Ministry of Defence

• Office of the Deputy Prime Minister

• Department for Education and Skills

• Department for Environment, Food and Rural Affairs

• Department of Health

• Home Office

• Foreign and Commonwealth Office

• Commissioners of Inland Revenue and Commissioners of Customs and Excise

• Department for International Development

• Northern Ireland Office

• Department of Trade and Industry

• Department for Transport

• HM Treasury

• Wales Office

• Department for Work and Pensions

• National Assembly for Wales

• Department of Health, Social Services and Public Safety (Northern Ireland)

PART 2

Designated health service bodies

• National Health Service Litigation Authority

• In Wales, NHS Trusts

• In Wales, Local Health Boards

• In Northern Ireland, Health and Social Services Boards

• In Northern Ireland, Health and Social Services Trusts

• In Northern Ireland, Health and Personal Social Services Agencies and Special Agencies

Explanatory Note

(This note is not part of the Order)

This Order designates bodies as government and health service bodies for the purposes of section 2(4)(c) and (7)(d) of the Damages Act 1996. A court may not make an order that damages for future pecuniary loss for personal injury are to take the form of periodical payments unless the continuity of payment is reasonably secure. One of the circumstances in which payment is reasonably secure is where the source of payment is a designated government or health service body. Later alterations in the method of payment are also permitted, without the need for further approval by the court, where the source of payment is a designated government or health service body.

(1)

1996 c. 48; section 2A was inserted by the Courts Act 2003 (c. 39), section 100.