Memorandum by the Department
1999 (S.I. 1999/786)
1. The Joint Committee has requested
the Department of Health to submit a Memorandum in relation to
the above instrument, dealing with the following points:-
6(7) provides that any oral hearing before a tribunal shall be
in public except where the person making the appeal requests a
private hearing or the chairman is satisfied that intimate personal
or financial circumstances may have to be disclosed or that considerations
of public security are involved, in which case the hearing shall
be in private. In relation to the case of a request by the appellant
for a private hearing, is it intended that the tribunal shall
not be able to refuse the appellant's request?"
2. It is intended that the tribunal
shall not be able to refuse the appellant's request. This provision
is identical to regulation 5(7) of the Social Security (Recovery
of Benefits) (Appeals) Regulations 1997 [S.I. 1997/2237.] NHS
Charges appeals will be heard by the same tribunal which hears
appeals under the 1997 Regulations, and the tribunal may consider
an appeal under both regulations at the same hearing. The intention
is, therefore, to have the same provision for both types of appeals.
11(3) provides that, without prejudice to provisions for appeal
to the High Court under section 9 of the Act (appeals on a point
of law), there is to be no other appeal against the tribunal's
correction of an accidental error in a decision. Explain what
sort of correction of an accidental error in a decision could
give rise to an appeal on a point of law under section 9."
3. A tribunal may decide that
a certain charge is payable, but wrongly specify the amount when
giving its decision or wrongly record that charge in the record
of the decision. Where the decision or record is corrected (which
the tribunal may do without application), the person to whom the
certificate was issued, or the Secretary of State, may nevertheless
dispute that the corrected figure is the amount properly payable
under the scheme established by and under the Road Traffic (NHS
Charges) Act 1999 (c.3). In such cases there could be an appeal
under section 9. This provision mirrors regulation 12(2) of the
Social Security (Recovery of Benefits) (Appeals) Regulations [S.I.
1997/2237] and it is intended to make clear that any substantial
right of appeal is unaffected.
6th May 1999