2011 No. 520
National Health Service, England And Wales

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2011

Made
Laid before Parliament
Coming into force
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 153(2) and (5), and 195(1) and (2) of the Health and Social Care (Community Health and Standards) Act 20031.
In accordance with section 195(3) of that Act, the Secretary of State has consulted the Welsh Ministers2.

Citation, commencement, application and interpretation1.

(1)

These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2011 and shall come into force on 1st April 2011.

(2)

These Regulations apply in relation to England and Wales.

(3)

In these Regulations—

“certificate” means a certificate issued under section 151 of the Health and Social Care (Community Health and Standards) Act 2003; and

“the principal Regulations” means the Personal Injuries (NHS Charges) (Amounts) Regulations 20073.

Amendment of regulation 2 of the principal Regulations2.

In regulation 2 of the principal Regulations (amount of NHS charges)—

(a)

in paragraph (1)(a) for “£177” substitute “£181”;

(b)

in paragraph 1(b)(i) for “£585” substitute “£600”;

(c)

in paragraph 1(b)(ii) for “£719” substitute “£737”, and

(d)

in paragraph (4) for “£42,999” substitute “£44,056”.

Saving3.

The principal Regulations shall continue to have effect in respect of a certificate relating to an injury which occurred before 1st April 2011 as if the amendments made by these Regulations had not been made.

Signed by authority of the Secretary of State for Health.

Simon Burns
Minister of State,
Department of Health
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2007 (“the principal Regulations”) which make provision about the charges payable under the scheme for the recovery of National Health Service (“NHS”) charges in cases where an injured person who receives a compensation payment in respect of his injury has received NHS hospital treatment or ambulance services.

Amendments made to the principal Regulations by regulation 2 increase the charges in respect of injuries which occur on or after 1st April 2011. Where the injured person is provided with NHS ambulance services, the charge is increased from £177 to £181 for each occasion. Where the injured person receives NHS treatment, but is not admitted to hospital, the charge is increased from £585 to £600. The daily charge for NHS in-patient treatment is increased from £719 to £737. The maximum charge in respect of an injury is increased from £42,999 to £44,056.

Regulation 3 is a saving provision which maintains the existing amounts for injuries occurring before 1st April 2011.

A full Impact Assessment has not been prepared for these Regulations as a negligible impact on business, charities or voluntary bodies is foreseen.