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Payments to hospitals |
| Payment of NHS charges to hospitals. |
13. - (1) If the Secretary of State receives a payment of NHS charges under section 1(2), he must pay the amount received to the responsible body of the health service hospital at which the treatment, in respect of which the payment was made, was given.
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(2) If a payment received under section 1(2) relates to treatment at more than one health service hospital, the Secretary of State must, for the purposes of subsection (1), divide the payment among the responsible bodies of the hospitals concerned in such manner as he considers appropriate.
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(3) Subsection (1) does not apply to any amount received by the Secretary of State under section 1(2) which he is required to repay in accordance with regulations under section 10(2).
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(4) Regulations under this section may-
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(a) make provision for the manner in which and intervals at which any payments due under this section are to be made; |
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(b) make provision for cases where the responsible body of the health service hospital concerned has ceased to exist (including provision modifying this Act). |
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Miscellaneous and general |
| Regulations governing payments into court, etc. |
14. - (1) Regulations may make provision (including provision modifying this Act)-
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(a) for cases to which section 1(2) applies in which two or more compensation payments in the form of lump sums are made by the same person in respect of the same injury or death; |
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(b) for cases to which section 1(2) applies in which an agreement is entered into for the making of- |
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(i) periodical compensation payments (whether of an income or capital nature), or
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(ii) periodical compensation payments and lump sum compensation payments;
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(c) for cases in which the compensation payment to which section 1(2) applies is an interim payment of damages which a court orders to be repaid. |
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(2) Regulations may make provision modifying the application of this Act in relation to cases in which a payment into court is made and, in particular, may provide-
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(a) for the making of a payment into court to be treated in prescribed circumstances as the making of a compensation payment; |
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(b) for application for, and issue of, certificates. |
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(3) Subsection (2) extends to England and Wales only.
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| Application of Act to military hospitals. |
15. - (1) Regulations may provide for this Act to apply, with such modifications as may be prescribed, in relation to cases in which a traffic casualty receives treatment at a military hospital.
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(2) "Military hospital" means a hospital (as defined by section 128 of the National Health Service Act 1977) maintained by a Minister of the Crown wholly or partly for purposes of any part of the armed forces of the Crown.
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| Regulations and orders. |
16. - (1) Any power to make regulations or an order which is conferred by this Act is exercisable by statutory instrument.
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(2) Any such statutory instrument-
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(a) may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; |
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(b) may make different provision for different cases or areas; |
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(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
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(3) But subsection (2)(c) does not apply to an order under section 21.
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| Interpretation. |
17. In this Act-
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"appeal" means an appeal under section 7; |
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"appropriate NHS charges" has the meaning given in section 1(7); |
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"authorised insurer" has the meaning given in section 145(5) of the Road Traffic Act 1988; |
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"certificate" means a certificate of NHS charges issued under section 2; |
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"compensation payment" has the meaning given in section 1; |
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"compensation scheme for motor accidents" means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to be caused, by uninsured or unidentified persons; |
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"health service hospital" means a health service hospital within the meaning of the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978; |
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"motor vehicle" has the meaning given in section 185 of the Road Traffic Act 1988 (read with sections 186(1), 187, 188 and 189 of that Act); |
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"National Health Service trust" means a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 or section 12A of the National Health Service (Scotland) Act 1978; |
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"NHS treatment" has the meaning given in section 1(6); |
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"owner" has the meaning given in section 192 of the Road Traffic Act 1988; |
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"prescribed" means prescribed by regulations; |
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"regulations" means regulations made by the Secretary of State; |
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"responsible body", in respect of a health service hospital, means- |
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(a) in the case of a hospital vested in a National Health Service trust, the Trust, and
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(b) in any other case, the body responsible for the management of the hospital;
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(a) in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes; and
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(b) in relation to Scotland, has the meaning given by the Roads (Scotland) Act 1984; and
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"traffic casualty" has the meaning given in section 1(1). |
