EXPLANATORY NOTE
(This note is not part of the Regulations)
Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 provides for a scheme for the recovery of charges in cases where an injured person who receives a compensation payment in respect of his injury has received National Health Service hospital treatment or ambulance services. The charges are specified in certificates issued by the Secretary of State, and are payable by persons who pay compensation to the injured person
A person to whom a certificate is issued may appeal against the certificate, provided he pays beforehand the amounts specified in the certificate or the Secretary of State waives the requirement to pay. The person may also appeal against the Secretary of State’s decision whether to waive the requirement to pay. The Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006 (“the Principal Regulations”) provide for the procedure in respect of those appeals.
These Regulations amend regulation 6 of the Principal Regulations by making it the responsibility of the Secretary of State, rather than the Appeal Tribunal, to manage the procedure as to the proper making of an appeal.