2001 No. 1300 (W. 77)
The National Health Service (Penalty Charge) (Wales) Regulations 2001
Made
Coming into force
The National Assembly for Wales in exercise of powers conferred on the Secretary of State by sections 122B(1), (2) and (4), 126(4) and 127(a) of the National Health Service Act 19771, and of all other powers enabling him in that behalf and now vested in the National Assembly for Wales2, hereby makes the following Regulations:
Citation, commencement, interpretation and application1
1
These Regulations may be cited as the National Health Service (Penalty Charge) (Wales) Regulations 2001 and shall come into force on 1st April 2001.
2
In these Regulations, unless the context otherwise requires—
“the Act” (“y Ddeddf”) means the National Health Service Act 1977; and
“surcharge” (“gordal”) has the meaning given in regulation 4.
3
These Regulations shall apply to Wales only.
Service of a penalty notice2
1
Where a person fails to pay any amount referred to in section 122B(1)(a) or (b) of the Act3, the responsible authority may serve a penalty notice requiring the person, within the period of 28 days beginning with the date on which the penalty notice was sent, to pay that amount to the responsible authority together with a penalty charge determined in accordance with regulation 3.
2
A penalty notice shall be sent by post to the person’s last known address.
3
The penalty notice shall state—
a
the name of the person liable to pay the amount required to be paid under the penalty notice;
b
the amount recoverable as mentioned in section 122B(1)(a) or (b) of the Act;
c
the amount of the penalty charge calculated in accordance with regulation 3 and the goods or services to which the amount relates;
d
the sum of the amounts referred to in sub-paragraphs (b) and (c), which shall represent the total amount required to be paid under the penalty notice;
e
in relation to the total amount required to be paid under the penalty notice—
i
the responsible authority to whom that amount shall be paid,
ii
the address to which that amount shall be sent,
iii
the methods by which payment may be made, and
iv
in accordance with paragraph (1), the date by which that amount shall be paid to the responsible authority;
f
that if the person fails to pay the amount that person is required to pay by the date specified in the penalty notice—
i
the person must also pay to the responsible authority a surcharge, and
ii
the amount of the surcharge that person must pay, calculated in accordance with regulation 4(2); and
g
that a person is not liable by virtue of a penalty notice—
i
to pay at any time so much of any amount referred to in section 122B(1)(a) or (b) of the Act for which that person is jointly and severally liable with another as at that time has been paid, or ordered by a court to be paid, by that other4, or
ii
to a penalty charge, or a surcharge, if that person shows that he or she did not act wrongfully, or with any lack of care, in respect of the amount recoverable as mentioned in section 122B(1)(a) or (b) of the Act5.
Calculation of penalty charge3
The amount of the penalty charge shall be whichever is the smaller of—
a
£100, and
b
the amount referred to in section 122B(1)(a) or (b) of the Act multiplied by 5.
Surcharge4
1
Where a person fails to pay the amount required to be paid under the penalty notice in accordance with regulation 2(1), he shall in addition be liable to pay to the responsible authority a further sum (in these regulations referred to as “a surcharge”), calculated in accordance with paragraph (2).
2
The amount of the surcharge shall be 50% of the amount of the penalty charge (rounded down, where necessary, to the nearest whole penny.)
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19986
(This note is not part of the Regulations)