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(g) in the case of which a document has been made under any provision of | |
the law of a country other than England and Wales, Scotland or | |
Northern Ireland— | |
(i) which appears to the Scottish Ministers to correspond to a joint | |
minute executed by the parties to a resulting action before a | 5 |
court in Scotland specifying that the action has been settled | |
extra-judicially, and | |
(ii) which specifies the matters mentioned in paragraph (d)(i) and | |
(ii), | |
the amount (or amounts) specified in the certificate is (or are) to be that (or | 10 |
those) which would be so specified apart from this subsection, reduced by the | |
same proportion as the reduction of damages. | |
(4) If a certificate relates to an injured person who has not received NHS treatment | |
at a health service hospital or been provided with NHS ambulance services as | |
a result of the injury, it must indicate that no amount is payable to the Secretary | 15 |
of State or the Scottish Ministers (as the case may be) by reference to that | |
certificate. | |
(5) Regulations under subsection (2) may, in particular, provide— | |
(a) that the amount, or the aggregate amount, specified in a certificate is | |
not to exceed a prescribed sum, | 20 |
(b) for different amounts to be specified in respect of different | |
circumstances or areas, | |
(c) for cases in which an injured person receives treatment at two or more | |
health service hospitals, | |
(d) for cases in which an injured person receives treatment at one or more | 25 |
health service hospitals and is provided with NHS ambulance services, | |
(e) for cases in which liability under section 146(2) is to be apportioned | |
between two or more persons making compensation payments to or in | |
respect of the same injured person in consequence of the same injury, | |
(f) for cases in which a fresh certificate is issued or a certificate is revoked | 30 |
as a result of a review under section 152 or an appeal under section 153 | |
or 155, | |
(g) for the amount specified in a certificate issued by the Secretary of State | |
or the Scottish Ministers to be adjusted to take into account any amount | |
for which the person to whom the certificate is issued is liable under | 35 |
section 146(2), in respect of the same injured person in consequence of | |
the same injury, in accordance with a certificate issued by the Scottish | |
Ministers or the Secretary of State (respectively), | |
(h) for any matter requiring determination under or in consequence of the | |
regulations to be determined by the Secretary of State or the Scottish | 40 |
Ministers (as the case may require), | |
and in the case of paragraph (e) may make such provision by modifying this | |
Part. | |
(6) Any reference in subsection (5)(a) or (b) to any amount (or amounts) specified | |
in a certificate are to the amount (or amounts) which would be so specified | 45 |
apart from subsection (3). | |
(7) Regulations under subsection (2) which provide for cases mentioned in | |
subsection (5)(e) may (among other things) provide in the case of each | |
compensator for— | |
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(a) determining, or re-determining, the amount for which he is liable | |
under section 146(2), | |
(b) giving credit for amounts already paid, and | |
(c) the payment by any person of any balance or the recovery from any | |
person of any excess. | 5 |
(8) Regulations under subsection (2) which provide for cases mentioned in | |
subsection (5)(f) may (among other things) provide in the case of any | |
compensator for the matters mentioned in paragraphs (b) and (c) of subsection | |
(7). | |
(9) A person to whom a certificate is issued is entitled to such particulars of the | 10 |
manner in which any amount (or amounts) specified in the certificate has (or | |
have) been determined as may be prescribed, if he applies to the Secretary of | |
State or the Scottish Ministers (as the case may require) for those particulars. | |
(10) Regulations under subsection (2) may be made so as to apply to any certificate | |
issued after the time the regulations come into force, other than one relating to | 15 |
a compensation payment made before that time. | |
Recovery of NHS charges | |
150 Payment of NHS charges | |
(1) If the certificate by reference to which an amount payable under section 146(2) | |
is determined is issued before the settlement date, that amount must be paid | 20 |
before the end of the period of 14 days beginning with the settlement date. | |
(2) If the certificate by reference to which an amount payable under section 146(2) | |
is determined is issued on or after the settlement date, that amount must be | |
paid before the end of the period of 14 days beginning with the day on which | |
the certificate is issued. | 25 |
(3) “Settlement date” means the date on which the compensation payment is | |
made. | |
(4) This section is subject to section 151(2). | |
151 Recovery of NHS charges | |
(1) This section applies if a person has made a compensation payment and | 30 |
either— | |
(a) subsection (7) of section 147 applies but he has not applied for a | |
certificate as required by that subsection, or | |
(b) he has not made payment, in full, of any amount due under section | |
146(2) by the end of the period allowed under section 150. | 35 |
(2) The Secretary of State, the Scottish Ministers or both, according to the | |
circumstances of the case, may— | |
(a) in a case within subsection (1)(a), issue the person who made the | |
compensation payment with a certificate, and | |
(b) in a case within subsection (1)(b), issue him with a copy of the certificate | 40 |
or (if more than one has been issued) the most recent one, | |
and, in either case, issue him with a demand that payment of any amount due | |
under section 146(2) be made immediately. | |
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(3) Subsections (5) and (6) of section 148 apply to certificates issued under | |
subsection (2) above as they apply to certificates issued under section 147. | |
(4) A demand issued under subsection (2) may be issued jointly by the Secretary | |
of State and the Scottish Ministers specifying— | |
(a) an amount due under subsection (2) of section 146 to the Secretary of | 5 |
State, and | |
(b) an amount due under that subsection to the Scottish Ministers, | |
in respect of the same injured person in consequence of the same injury. | |
(5) In the case of a demand specifying amounts as mentioned in subsection (4)(a) | |
and (b), references in the following provisions of this section to a demand are | 10 |
to be taken as being (as the case may require) to— | |
(a) the demand in so far as it relates to any amount due to the Secretary of | |
State, or | |
(b) the demand in so far as it relates to any amount due to the Scottish | |
Ministers, | 15 |
and related expressions are to be read accordingly. | |
(6) The Secretary of State or the Scottish Ministers may recover the amount for | |
which a demand for payment is made under subsection (2) from the person | |
who made the compensation payment. | |
(7) If the person who made the compensation payment resides or carries on | 20 |
business in England or Wales and a county court so orders, the amount | |
demanded is recoverable by execution issued from the county court or | |
otherwise as if it were payable under an order of that court. | |
(8) If the person who made the compensation payment resides or carries on | |
business in Scotland, the demand may be enforced as if it were an extract | 25 |
registered decree arbitral bearing a warrant for execution issued by the sheriff | |
court of any sheriffdom in Scotland. | |
(9) A document which states that it is a record of the amount recoverable under | |
subsection (6) is conclusive evidence that the amount is so recoverable if it is | |
signed by a person authorised to do so by the Secretary of State or the Scottish | 30 |
Ministers (as the case may be). | |
(10) For the purposes of subsection (9), a document purporting to be signed by a | |
person authorised to do so by the Secretary of State or the Scottish Ministers (as | |
the case may be) is to be treated as so signed unless the contrary is proved. | |
Review and appeal | 35 |
152 Review of certificates | |
(1) The Secretary of State or the Scottish Ministers must review a certificate issued | |
by him or them if the certificate relates to a claim made by or on behalf of an | |
injured person— | |
(a) in respect of which, after the certificate is issued, a court in England and | 40 |
Wales or Scotland orders a reduction of damages in accordance with | |
section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28), | |
(b) in respect of which, after the certificate is issued, a court in Northern | |
Ireland orders a reduction of damages in accordance with section 2 of | |
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the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) | |
1948 (c. 23), | |
(c) in respect of which, after the certificate is issued, a court in a country | |
other than England and Wales, Scotland or Northern Ireland orders a | |
reduction of damages under any provision of the law of that country | 5 |
which appears to the Secretary of State or the Scottish Ministers (as the | |
case may be) to correspond to section 1 of the Law Reform | |
(Contributory Negligence) Act 1945 (c. 28), | |
(d) in respect of which, after the certificate is issued, an officer of a court in | |
England and Wales or Northern Ireland enters or seals an agreed | 10 |
judgement or order which specifies— | |
(i) that the damages are to be reduced to reflect the injured | |
person’s share in the responsibility for the injury in question, | |
and | |
(ii) the amount or proportion by which they are to be so reduced, | 15 |
(e) in the case of which, after the certificate is issued, the parties to any | |
resulting action before a court in Scotland execute a joint minute which | |
specifies— | |
(i) that the action has been settled extra-judicially, and | |
(ii) the matters mentioned in paragraph (d)(i) and (ii), | 20 |
(f) in respect of which, after the certificate is issued, a document is made | |
under any provision of the law of a country other than England and | |
Wales, Scotland or Northern Ireland— | |
(i) which appears to the Secretary of State to correspond to an | |
agreed judgement or order entered or sealed by an officer of a | 25 |
court in England and Wales, and | |
(ii) which specifies the matters mentioned in paragraph (d)(i) and | |
(ii), or | |
(g) in the case of which, after the certificate is issued, a document is made | |
under any provision of the law of a country other than England and | 30 |
Wales, Scotland or Northern Ireland— | |
(i) which appears to the Scottish Ministers to correspond to a joint | |
minute executed by the parties to a resulting action before a | |
court in Scotland, specifying that the action has been settled | |
extra-judicially, and | 35 |
(ii) which specifies the matters mentioned in paragraph (d)(i) and | |
(ii), | |
and notification of the order, judgement, minute or document has been given | |
to the Secretary of State or the Scottish Ministers (as the case may be) in the | |
prescribed manner. | 40 |
(2) If— | |
(a) the Secretary of State and the Scottish Ministers have issued certificates | |
to a person specifying an amount (or amounts) for which that person is | |
liable under section 146(2) in respect of the same injured person in | |
consequence of the same injury, and | 45 |
(b) either the Secretary of State or the Scottish Ministers subsequently | |
adjusts or adjust the amount (or amounts) specified in the certificate | |
issued by him or them on a review of, or an appeal against, that | |
certificate, | |
the other must review the certificate issued by him or them (as the case may be) | 50 |
if he is or they are satisfied that it is necessary or expedient to make | |
consequential adjustments to that certificate. | |
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(3) The Secretary of State or the Scottish Ministers may review a certificate issued | |
by him or them— | |
(a) either within the prescribed period or in prescribed cases or | |
circumstances, and | |
(b) either on application made for the purpose or on his or their initiative. | 5 |
(4) On a review under this section, the Secretary of State or the Scottish Ministers | |
may— | |
(a) confirm the certificate, | |
(b) issue a fresh certificate containing such variations as he considers or | |
they consider appropriate, or | 10 |
(c) revoke the certificate. | |
(5) Subsections (5) and (6) of section 148 apply to certificates issued under | |
subsection (4)(b) above as they apply to certificates issued under section 147. | |
153 Appeal against a certificate or a waiver decision | |
(1) An appeal against a certificate may be made by the person to whom the | 15 |
certificate was issued on one or more of the following grounds— | |
(a) that an amount (or amounts) specified in the certificate is (or are) | |
incorrect, | |
(b) that an amount (or amounts) so specified takes (or take) into account— | |
(i) treatment which is not NHS treatment received by the injured | 20 |
person, as a result of his injury, at a health service hospital, | |
(ii) ambulance services which are not NHS ambulance services | |
provided to the injured person as a result of his injury, or | |
(iii) treatment as mentioned in sub-paragraph (i) and ambulance | |
services as mentioned in sub-paragraph (ii), | 25 |
(c) that the payment on the basis of which the certificate was issued is not | |
a compensation payment. | |
(2) No appeal may be made until— | |
(a) the claim against the person to whom the certificate was issued, which | |
gives rise to the compensation payment, has been finally disposed of, | 30 |
and | |
(b) payment of the amount (or amounts) specified in the certificate has | |
been made to the Secretary of State or the Scottish Ministers (as the case | |
may be), subject to subsection (4) and sections 154(6) and 155(5). | |
(3) For the purposes of subsection (2)(a), if an award of damages in respect of a | 35 |
claim has been made under or by virtue of— | |
(a) section 32A(2)(a) of the Supreme Court Act 1981 (c. 54), | |
(b) section 12(2)(a) of, or paragraph 10(2)(a) of Schedule 6 to, the | |
Administration of Justice Act 1982 (c. 53), or | |
(c) section 51(2)(a) of the County Courts Act 1984 (c. 28), | 40 |
(orders for provisional damages in personal injury cases), the claim is to be | |
treated as having been finally disposed of. | |
(4) The Secretary of State or the Scottish Ministers may, on an application by the | |
person to whom the certificate was issued, waive the requirement in | |
subsection (2)(b) that payment of the amount (or amounts) specified in the | 45 |
certificate be made before making an appeal. | |
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(5) The Secretary of State or the Scottish Ministers may only grant a waiver if it | |
appears to him or them that payment of the amount (or amounts) specified in | |
the certificate would cause exceptional financial hardship. | |
(6) An appeal against a decision of the Secretary of State or the Scottish Ministers | |
on an application under subsection (4) (referred to in this section and sections | 5 |
154 and 155 as a “waiver decision”) may be made by the person to whom the | |
certificate was issued. | |
(7) Regulations may make provision— | |
(a) as to the manner in which, and the time within which, an appeal against | |
a certificate or waiver decision may be made, | 10 |
(b) as to the procedure to be followed if an appeal against a certificate or | |
waiver decision is made, | |
(c) as to the circumstances in which appeals may be consolidated | |
(including the consolidation of an appeal against a certificate issued by | |
the Secretary of State with an appeal against a certificate issued by the | 15 |
the Scottish Ministers), and | |
(d) for the purpose of enabling an appeal against a certificate to be treated | |
as an application for a review under section 152. | |
154 Appeal tribunals | |
(1) The Secretary of State or the Scottish Ministers must refer to an appeal tribunal | 20 |
constituted under Chapter 1 of Part 1 of the Social Security Act 1998 (c. 14) an | |
appeal against— | |
(a) a certificate, or | |
(b) a waiver decision. | |
(2) In determining an appeal against a certificate, the tribunal must take into | 25 |
account any decision of a court relating to the same, or any similar, issue | |
arising in connection with the injury in question. | |
(3) On an appeal against a certificate, the tribunal may— | |
(a) confirm the amount or amounts specified in the certificate, | |
(b) specify any variations which are to be made on the issue of a fresh | 30 |
certificate under subsection (4), or | |
(c) declare that the certificate is to be revoked. | |
(4) When the Secretary of State or the Scottish Ministers (as the case may be) has | |
or have received the decision of the tribunal on an appeal against a certificate, | |
he or they must in accordance with that decision— | 35 |
(a) confirm the certificate, | |
(b) issue a fresh certificate, or | |
(c) revoke the certificate. | |
(5) Subsections (5) and (6) of section 148 apply to certificates issued under | |
subsection (4)(b) above as they apply to certificates issued under section 147. | 40 |
(6) On an appeal against a waiver decision, the tribunal may— | |
(a) confirm the decision, or | |
(b) waive the requirement in question. | |
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(7) Regulations under section 153 may (among other things) provide for the non- | |
disclosure of medical advice or medical evidence given or submitted following | |
a reference under subsection (1). | |
155 Appeal to Social Security Commissioner | |
(1) An appeal may be made to a Commissioner against any decision of an appeal | 5 |
tribunal under section 154 on the ground that the decision was erroneous in | |
point of law. | |
(2) An appeal under this section may be made by— | |
(a) the Secretary of State or the Scottish Ministers (as the case may be), or | |
(b) the person to whom the certificate was issued. | 10 |
(3) If an appeal is made under this section, subsections (7) to (12) of section 14 of | |
the 1998 Act apply to the appeal as they apply to an appeal under that section | |
(reading references to a tribunal as references to an appeal tribunal constituted | |
as mentioned in section 154(1)). | |
(4) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies | 15 |
by virtue of subsection (3) above to an appeal against a decision of an appeal | |
tribunal under subsection (3) of section 154, subsections (2) to (4) of that section | |
apply as they apply to an appeal determined on a reference under subsection | |
(1)(a) of that section. | |
(5) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies | 20 |
by virtue of subsection (3) above to an appeal against a decision of an appeal | |
tribunal under subsection (6) of section 154, the appeal tribunal may— | |
(a) confirm the waiver decision, or | |
(b) waive the requirement in question. | |
(6) In a case in which subsection (8)(a) of section 14 of the 1998 Act applies by | 25 |
virtue of subsection (3) above to an appeal against a decision of an appeal | |
tribunal under subsection (3) of section 154, subsection (4) of that section | |
applies as if the references to the decision of the tribunal on an appeal against | |
a certificate were references to the decision of the Commissioner on an appeal | |
under this section. | 30 |
(7) In this section— | |
“Commissioner” has the same meaning as in Chapter 2 of Part 1 of the | |
1998 Act, and | |
“the 1998 Act” means the Social Security Act 1998 (c. 14). | |
Information | 35 |
156 Provision of information | |
(1) If compensation is sought in consequence of any injury suffered by an injured | |
person, such information with respect to the circumstances of the case as may | |
be prescribed must be given by the following persons to the Secretary of State | |
or the Scottish Ministers (as the case may require)— | 40 |
(a) the person against whom the claim is made and anyone acting on | |
behalf of that person, whether or not proceedings have been | |
commenced, | |
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