Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Road Traffic (NHS Charges) Amendment Regulations 2002 and shall come into force on 8th February 2002.

(2) In these Regulations, “the principal Regulations” means the Road Traffic (NHS Charges) Regulations 1999( 2 ),

(3) These Regulations extend to England and Wales( 3 )

Amendment of regulation 4 of the principal Regulations

2. For regulation 4 of the principal Regulations (amount of NHS Charges — Incidents on or after 2nd July 1997) substitute the following—

“ 4. —(1) This regulation applies to any compensation payment made in respect of an incident which occurred on or after 2nd July 1997.

(2) Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify—

(a) where the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £354, or

(b) subject to paragraphs (3) and (4), where the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital, the sum of £435 for each day, or part day, of admission.

(3) Where the traffic casualty was admitted to hospital on one day and discharged on another day, the day of discharge shall be disregarded for the purposes of paragraph (2)(b).

(4) The maximum amount which may be specified in a certificate to which paragraph (2)(b) applies shall be £10,000. ” .

Transitional Provision and Saving

3. —(1) In respect of a certificate relating to an incident which occurred on or after 28th January and before 8th February 2002 the NHS charges under section 1(2) shall be determined by reference to—

(a) the amount specified in sub-paragraph (a) or (b) of paragraph (2) of regulation 4 of the principal Regulations in force on each day of the treatment covered by the certificate, and

(b) the maximum amount specified in paragraph (4) of regulation 4 of the principal Regulations in force on the date on which the certificate is issued.

(2) In respect of a certificate relating to an incident which occurred on or after 2nd July 1997 and before 28th January 2002 the NHS charges under section 1(2) shall be determined by reference to the amount specified in sub-paragraph (a) or (b) of paragraph (2) of regulation 4 of the principal Regulations and the maximum amount specified in paragraph (4) of regulation 4 of the principal Regulations in force on the day the incident occurred.

(3) In this regulation expressions used have the same meaning as in the principal Regulations.

Revocation

4.The Road Traffic (NHS Charges) Amendment Regulations 2001 are hereby revoked.( 4 )