The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2017

Statutory Instruments

2017 No. 164

National Health Service, England And Wales

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2017

Made

16th February 2017

Laid before Parliament

21st February 2017

Coming into force

1st April 2017

The Secretary of State 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 2003(1).

In accordance with section 195(3) of that Act, the Secretary of State has consulted the Welsh Ministers(2).

Citation, commencement, application and interpretation

1.—(1) These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2017 and come into force on 1st April 2017.

(2) These Regulations apply to England and Wales.

(3) In these Regulations, “principal Regulations” means the Personal Injuries (NHS Charges) (Amounts) Regulations 2015(3).

Amendment of Schedule 1 to the principal Regulations

2.  In Schedule 1 to the principal Regulations (amount of NHS charges), for the table in that Schedule, substitute the following table—

“(1)	(2) Ambulance services £	(3) Out-patient £	(4) In-patient £	(5) Maximum £
29th January 2007	159	505	620	37,100
1st April 2008	165	547	672	40,179
1st April 2009	171	566	695	41,545
1st April 2010	177	585	719	42,999
1st April 2011	181	600	737	44,056
1st April 2012	185	615	755	45,153
1st April 2013	189	627	770	46,046
1st April 2014	192	637	783	46,831
1st April 2015	195	647	796	47,569
1st April 2016	201	665	817	48,849
1st April 2017	205	678	833	49,824”

Signed by authority of the Secretary of State for Health.

O’Shaughnessy

Parliamentary Under-Secretary of State,

Department of Health

16th February 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2015 (“the principal Regulations”) which make provision about the charges payable under the scheme for the recovery of NHS charges in cases where an injured person who receives a compensation payment in respect of their injury has received NHS hospital treatment or ambulance services.

Regulation 2 amends the principal Regulations by inserting a substitute table in Schedule 1. This table increases the charges in respect of injuries which occur on or after 1st April 2017. Where the injured person is provided with NHS ambulance services, the charge is increased from £201 to £205. Where the injured person receives NHS treatment, but is not admitted to hospital, the charge is increased from £665 to £678. The daily charge for NHS in-patient treatment is increased from £817 to £833. The maximum charge in respect of an injury is increased from £48,849 to £49,824.

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

(1)

2003 c.43. By virtue of section 167(1), the powers are exercisable in relation to England and Wales by the Secretary of State. See section 168 for the definition of “prescribed”. Section 195 was amended by section 6 of, and Schedule 4 to, the National Health Service (Consequential Provisions) Act 2006 (c.43).

(2)

Functions conferred or imposed on the National Assembly for Wales immediately before the first appointment of a First Minister under section 46 of the Government of Wales Act 2006 (c.32) (“GOWA”) by an enactment contained in an Act were transferred to the Welsh Ministers by section 162(1) of, and paragraph 30 of Schedule 11 to, GOWA.

(3)

S.I. 2015/295, as amended by S.I. 2016/153.