Office of Public Sector Information

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.

These Regulations make provision for—

(a) the amount of NHS charges which a person is liable to pay and which is to be specified in a certificate (regulations 2 and 3);

(b) the treatment to be taken into account for the purposes of the certificate (regulation 4);

(c) the apportionment of the amount of NHS charges where more than one person pays compensation (regulation 5);

(d) the adjustment of NHS charges where certificates are issued both by the Secretary of State and the Scottish Ministers (regulation 6);

(e) repayment of overpayments and recovery of underpayments of NHS charges (regulations 7 to 10).