Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the Personal Injuries (NHS Charges) Amendment Regulations 2009 and shall come into force on 1st April 2009.

(2) These Regulations apply in relation to England and Wales.

(3) In these Regulations—

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

“the principal Regulations” means the Personal Injuries (NHS Charges) (Amounts) Regulations 2007( 2 );

“the 2006 Regulations” means the Personal Injuries (NHS Charges) (General) and Road Traffic (NHS Charges) (Amendment) Regulations 2006( 3 ).

Amendment of the principal Regulations

2. The principal Regulations are amended in accordance with Schedule 1.

Amendment of the 2006 Regulations

3. The 2006 Regulations are amended in accordance with Schedule 2.

Saving

4. Notwithstanding regulation 2, the principal Regulations shall continue to have effect in respect of a certificate relating to an injury which occurred before 1st April 2009 as if the amendments made under paragraph 1 of Schedule 1 had not been made.

Regulation 2

SCHEDULE 1 AMENDMENT OF THE PRINCIPAL REGULATIONS

Amendment of regulation 2

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

(a) in paragraph (1) for “regulation 3” substitute “regulations 3 and 3A”;

(b) in paragraph (1)(a) for “£165” substitute “£171”;

(c) in paragraph (1)(b)(i) for “£547” substitute “£566”;

(d) in paragraph (1)(b)(ii) for “£672” substitute “£695”; and

(e) in paragraph (4) for “£40,179” substitute “£41,545”.

Amendment of regulation 3

2. After regulation 3 (amount of NHS Charges: further provision) of the principal Regulations insert—

“ Amount of NHS charges: reduction in respect of overseas visitors’ charges

3A. —(1) This regulation applies to a certificate where the amount to be specified in the certificate is determined under section 153 of the Act on or after 1st April 2009.

(2) This paragraph applies where—

(a) a charge has been made in respect of an injured person in accordance with regulation 2(1) of the National Health Service (Charges to Overseas Visitors) Regulations 1989 ( 4 ) for the provision of NHS treatment ( 5 ) at a hospital; and

(b) the compensation payment made to or in respect of that injured person includes an amount in respect of the charge referred to in sub-paragraph (a).

(3) Where paragraph (2) applies, the amount for the purpose of section 153(2) to be specified in relation to NHS treatment at a hospital in the certificate which relates to the compensation payment referred to in paragraph (2)(b) shall be £0. ” .

Regulation 3

SCHEDULE 2 AMENDMENT OF THE 2006 REGULATIONS

Amendment of regulation 1

1. In regulation 1(3) of the 2006 Regulations (citation, commencement, application and interpretation) insert the following definitions in the appropriate alphabetical position—

“ “the 1989 Regulations ” means the National Health Service (Charges to Overseas Visitors) Regulations 1989;

“overseas visitors’ charge” means a charge in accordance with regulation 2(1) of the 1989 Regulations for the provision of NHS treatment at a hospital. ” .

Amendment of regulation 2

2. In regulation 2(1)(f) of the 2006 Regulations (application for a certificate of NHS charges) after “made” insert “, whether that payment includes an amount in respect of an overseas visitors’ charge and, if so, documentary evidence of payment of that amount”.

Amendment of regulation 5

3. In regulation 5 of the 2006 Regulations (information to be provided in relation to an injured person) —

(a) in paragraph (1) for “(g)” substitute “(h)”;

(b) at the end of paragraph (3)(f)(ii) omit “and”;

(c) after paragraph (3)(g) insert—

“ (h) whether the claim for compensation includes payment of an overseas visitors’ charge. ” ;

(d) in paragraph (4)(d) omit “and”; and

(e) after paragraph (4)(e) insert—

“ (f) whether an overseas visitors’ charge has been made in respect of the injured person. ” .