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(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, he or they must in | |
accordance with that decision— | |
(a) confirm the certificate, | |
(b) issue a fresh certificate, or | 5 |
(c) revoke the certificate. | |
(5) Subsections (5) and (6) of section 139 apply to certificates issued under | |
subsection (4)(b) above as they apply to certificates issued under section 138. | |
(6) Regulations under section 144 may (among other things) provide for the non- | |
disclosure of medical advice or medical evidence given or submitted following | 10 |
a reference under subsection (1). | |
146 Appeal to Social Security Commissioner | |
(1) An appeal may be made to a Commissioner against any decision of an appeal | |
tribunal under section 145 on the ground that the decision was erroneous in | |
point of law. | 15 |
(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. | |
(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 | 20 |
(reading references to a tribunal as references to an appeal tribunal constituted | |
as mentioned in section 145(1)). | |
(4) In a case in which subsection (7) or (8)(b) of section 14 of the 1998 Act applies | |
by virtue of subsection (3) above, subsections (2) to (4) of section 145 apply as | |
they apply to an appeal determined on a reference under subsection (1) of that | 25 |
section. | |
(5) In a case in which subsection (8)(a) of section 14 of the 1998 Act applies by | |
virtue of subsection (3) above, section 145(4) applies as if the references to the | |
decision of the tribunal on an appeal were references to the decision of the | |
Commissioner on an appeal under this section. | 30 |
(6) 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 |
147 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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(b) the injured person or, if the injured person has died, his personal | |
representative, | |
(c) anyone not within paragraph (a) who is, or is alleged to be, liable to any | |
extent in respect of the injury, | |
(d) if the claim is not made by the injured person, the person by whom it is | 5 |
made, | |
(e) anyone acting on behalf of the person within any of paragraphs (b) to | |
(d), | |
(f) the responsible body of each health service hospital at which the | |
injured person has received NHS treatment in respect of his injury, | 10 |
(g) any ambulance trust which provided NHS ambulance services as a | |
result of his injury. | |
(2) A person who is required to give information under this section must do so— | |
(a) in the prescribed manner, and | |
(b) within the prescribed period. | 15 |
(3) Regulations under this section may, in particular, require the provision of | |
information about any NHS treatment which an injured person has received at | |
a health service hospital and any NHS ambulance services provided to the | |
injured person. | |
(4) In this section— | 20 |
“ambulance trust”— | |
(a) in relation to England or Wales, means— | |
(i) a National Health Service trust established under section 5 | |
of the National Health Service and Community Care Act | |
1990 (c. 19), or | 25 |
(ii) an NHS foundation trust, | |
(b) in relation to Scotland, means a Special Health Board | |
established under section 2(1)(b) of the 1978 Act; | |
“responsible body”, in relation to a health service hospital, means— | |
(a) in the case of a hospital vested in— | 30 |
(i) a National Health Service trust established under section 5 | |
of the National Health Service and Community Care Act | |
1990 or section 12A of the 1978 Act, or | |
(ii) a Primary Care Trust, | |
the trust, and | 35 |
(b) in any other case, the body responsible for the management of | |
the hospital. | |
148 Use of information held by the Secretary of State or the Scottish Ministers etc. | |
(1) Subsection (2) applies to information which is held— | |
(a) by the Secretary of State, or | 40 |
(b) by a person providing services to the Secretary of State in connection | |
with the provision of those services, | |
for the purposes of, or for any purpose connected with, the exercise of | |
functions under the Social Security (Recovery of Benefits) Act 1997 (c. 27). | |
(2) The information may— | 45 |
(a) be used for the purposes of, or for any purpose connected with, the | |
exercise of functions under this Part, and | |
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(b) be supplied to a qualifying person for use for those purposes. | |
(3) In subsection (2), “qualifying person” means— | |
(a) in the case of information held by the Secretary of State— | |
(i) a person providing services to the Secretary of State, or | |
(ii) the Scottish Ministers or a person providing services to the | 5 |
Scottish Ministers, or | |
(b) in the case of information held by a person providing services to the | |
Secretary of State— | |
(i) the Secretary of State or another person providing services to | |
the Secretary of State, or | 10 |
(ii) the Scottish Ministers or a person providing services to the | |
Scottish Ministers. | |
(4) Subsection (5) applies to information which is held— | |
(a) by the Secretary of State or the Scottish Ministers, or | |
(b) by a person providing services to the Secretary of State or the Scottish | 15 |
Ministers in connection with provision of those services, | |
for the purposes of, or for any purpose connected with, the exercise of | |
functions under this Part. | |
(5) The information may— | |
(a) be used for the purposes of, or for any purpose connected with, the | 20 |
exercise of functions under the Social Security (Recovery of Benefits) | |
Act 1997 (c. 27), and | |
(b) be supplied to a qualifying person for use for those purposes. | |
(6) In subsection (5), “qualifying person” means— | |
(a) in the case of information held by the Secretary of State, a person | 25 |
providing services to the Secretary of State, | |
(b) in the case of information held by the Scottish Ministers, the Secretary | |
of State or a person providing services to the Secretary of State, | |
(c) in the case of information held by a person providing services to the | |
Secretary of State, the Secretary of State or another person providing | 30 |
services to the Secretary of State, | |
(d) in the case of information held by a person providing services to the | |
Scottish Ministers, the Secretary of State or a person providing services | |
to the Secretary of State. | |
Payments to hospitals or ambulance trusts | 35 |
149 Payment of NHS charges to hospitals or ambulance trusts | |
(1) If the Secretary of State receives or the Scottish Ministers receive a payment of | |
relevant NHS charges under section 137(2)— | |
(a) if the payment relates only to NHS treatment received at a health | |
service hospital, he or they must pay the amount received to the | 40 |
responsible body of the health service hospital, | |
(b) if the payment relates only to the provision of NHS ambulance services, | |
he or they must pay the amount received to the relevant ambulance | |
trust, | |
(c) if the payment relates to NHS treatment received at more than one | 45 |
health service hospital, he or they must divide the amount received | |
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(c) among the responsible bodies of the hospitals concerned in such | |
manner as he considers or they consider appropriate, | |
(d) if the payment relates to NHS treatment received at one or more health | |
services hospitals and the provision of NHS ambulance services, he or | |
they must divide the amount received among the responsible body or | 5 |
bodies of the hospital or hospitals and any relevant ambulance trusts | |
concerned in such manner as he considers or they consider appropriate. | |
(2) Subsection (1) does not apply to any amount received by the Secretary of State | |
or the Scottish Ministers under section 137(2) which he is or they are required | |
to repay in accordance with regulations under section 140(2). | 10 |
(3) Regulations under this section may— | |
(a) make provision for the manner in which and intervals at which any | |
payments due under this section are to be made, | |
(b) make provision for cases where the responsible body of the health | |
service hospital or relevant ambulance trust concerned has ceased to | 15 |
exist (including provision modifying this Part). | |
(4) Any amounts received under this section by the responsible bodies of the | |
health service hospitals concerned must be used for the purposes of providing | |
goods and services for the benefit of patients receiving NHS treatment at those | |
hospitals. | 20 |
(5) Any amounts received under this section by the relevant ambulance trusts | |
concerned must be used for the purposes of NHS ambulance services. | |
(6) In this section— | |
“relevant ambulance trust”— | |
(a) in relation to England or Wales, means— | 25 |
(i) the National Health Service trust established under section | |
5 of the National Health Service and Community Care Act | |
1990 (c. 19), or | |
(ii) the NHS foundation trust, | |
which is designated by the Secretary of State for the purposes of | 30 |
this section in relation to the health service hospital to which the | |
injured person was taken for treatment, | |
(b) in relation to Scotland, means the Special Health Board, | |
established under section 2(1)(b) of the 1978 Act, which is | |
designated by the Scottish Ministers for the purposes of this | 35 |
section in relation to the health service hospital to which the | |
injured person was taken for treatment; | |
“responsible body” has the meaning given in section 147(4). | |
Miscellaneous and general | |
150 Regulations governing lump sums, periodical payments etc | 40 |
(1) Regulations may make provision (including provision modifying this Part)— | |
(a) for cases to which section 137(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, | |
(b) for cases to which section 137(2) applies in which an agreement is | 45 |
entered into for the making of— | |
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(i) periodical compensation payments (whether of an income or | |
capital nature), or | |
(ii) periodical compensation payments and lump sum | |
compensation payments, | |
(c) for cases in which the compensation payment to which section 137(2) | 5 |
applies is an interim payment of damages which a court orders to be | |
repaid. | |
(2) Regulations made by virtue of subsection (1)(a) may (among other things) | |
provide— | |
(a) for giving credit for amounts already paid, and | 10 |
(b) for the payment by any person of any balance or the recovery from any | |
person of any excess. | |
(3) Regulations may make provision modifying the application of this Part in | |
relation to cases in which a payment into court is made and, in particular, may | |
provide— | 15 |
(a) for the making of a payment into court to be treated in prescribed | |
circumstances as the making of a compensation payment, | |
(b) for application for, and issue of, certificates. | |
151 Liability of insurers | |
(1) If a compensation payment is made in a case where— | 20 |
(a) a person is liable to any extent in respect of the injury, and | |
(b) the liability is covered to any extent by a policy of insurance, | |
the policy is also to be treated as covering any liability of that person under | |
section 137(2). | |
(2) Liability imposed on the insurer by subsection (1) cannot be excluded or | 25 |
restricted. | |
(3) For that purpose excluding or restricting liability includes— | |
(a) making the liability or its enforcement subject to restrictive or onerous | |
conditions, | |
(b) excluding or restricting any right or remedy in respect of the liability, | 30 |
or subjecting a person to any prejudice in consequence of his pursuing | |
any such right or remedy, or | |
(c) excluding or restricting rules of evidence or procedure. | |
(4) Regulations may in prescribed cases limit the amount of the liability imposed | |
on the insurer by subsection (1). | 35 |
(5) This section applies in relation to policies of insurance issued before (as well as | |
those issued after) the date on which it comes into force. | |
(6) References in this section to policies of insurance and their issue include | |
references to contracts of insurance and their making. | |
152 Power to apply Part 3 to treatment at non-health service hospitals | 40 |
(1) Regulations may make provision for this Part to apply, with such | |
modifications as may be prescribed, if— | |
(a) a person makes a compensation payment as mentioned in section | |
137(1)(a), but | |
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(b) the person to or in respect of whom the payment is made has— | |
(i) received treatment in respect of the injury at a qualifying | |
hospital under an NHS arrangement, | |
(ii) been provided with NHS ambulance services as a result of the | |
injury for the purpose of taking him to a qualifying hospital for | 5 |
treatment under an NHS arrangement (unless he was dead on | |
arrival at that hospital), or | |
(iii) received treatment as mentioned in sub-paragraph (i) and been | |
provided with NHS ambulance services as mentioned in sub- | |
paragraph (ii), | 10 |
(subject to subsection (2)). | |
(2) Subsection (1)(b) does not apply where the person to or in respect of whom the | |
payment is made receives, or is taken to a hospital for, treatment which would | |
be provided as mentioned in paragraph (a), (b) or (d) of section 137(5) if it were | |
provided at a health service hospital. | 15 |
(3) In subsection (1), “NHS arrangement” means an arrangement or agreement | |
between— | |
(a) the hospital in question or a body responsible for it, and | |
(b) any of the following— | |
(i) a Primary Care Trust, | 20 |
(ii) a National Health Service trust established under section 5 of | |
the National Health Service and Community Care Act 1990 | |
(c. 19) or section 12A of the 1978 Act, | |
(iii) a Local Health Board, | |
(iv) a Health Board or Special Health Board established under | 25 |
section 2 of the 1978 Act, or | |
(v) an NHS foundation trust. | |
(4) Regulations under subsection (1) may include provision excluding the | |
application of sections 157 to 159 of the Road Traffic Act 1988 (c. 52) in such | |
description of case as may be prescribed. | 30 |
(5) In this section “qualifying hospital” means a hospital (within the meaning of | |
section 128(1) of the 1977 Act or section 108(1) of the 1978 Act) which is not a | |
health service hospital. | |
153 The Crown | |
This Part binds the Crown. | 35 |
154 Regulations | |
(1) Any power to make regulations conferred by this Part is exercisable— | |
(a) in relation to England and Wales, by the Secretary of State; and | |
(b) in relation to Scotland, by the Scottish Ministers. | |
(2) Regulations under section 144(4) may only be made by the Scottish Ministers | 40 |
with the consent of the Secretary of State. | |
155 Interpretation of Part 3 | |
In this Part— | |
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“the 1978 Act” means the National Health Service (Scotland) Act 1978 | |
(c. 29); | |
“compensation payment” has the meaning given in section 137; | |
“health service hospital” means a health service hospital within the | |
meaning of the 1977 Act or the 1978 Act; | 5 |
“injured person” has the meaning given in section 137(1); | |
“NHS ambulance services” means ambulance services provided under | |
section 3(1)(c) of the 1977 Act or section 45 of the 1978 Act; | |
“NHS treatment” has the meaning given in section 137(5); | |
“prescribed” means prescribed by regulations. | 10 |
156 Consequential and minor repeals | |
(1) The Road Traffic (NHS Charges) Act 1999 (c. 3) shall cease to have effect. | |
(2) In the Road Traffic Act 1988 (c. 52), in section 161(1), in the definition of | |
“hospital”, paragraph (b) is omitted. | |
Part 4 | 15 |
Dental Services | |
157 Provision of primary dental services | |
In the 1977 Act, after section 16C insert— | |
“Functions of Primary Care Trusts and Local Health Boards | |
16CA Primary dental services | 20 |
(1) Each Primary Care Trust and Local Health Board must, to the extent | |
that it considers it reasonable to do so, provide primary dental services | |
within its area, or secure their provision within its area. | |
(2) For the purposes of this section, a Primary Care Trust or Local Health | |
Board may (in addition to any other power conferred on it) provide | 25 |
primary dental services itself. | |
(3) Each Primary Care Trust and Local Health Board must publish | |
information about such matters as may be prescribed in relation to the | |
primary dental services for which it makes provision under this section. | |
(4) A body on which functions are conferred under this section must co- | 30 |
operate with any other such body in the discharge of their respective | |
functions under this section. | |
(5) Regulations may provide that services of a prescribed description are, | |
or are not, to be regarded as primary dental services for the purposes of | |
this Part. | 35 |
(6) Regulations under subsection (5) may in particular describe services by | |
reference to the manner or circumstances in which they are provided.” | |
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