Road Traffic (NHS Charges) Bill

Road Traffic (NHS Charges) Bill - continued	House of Lords
Reviews and appeals - continued

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Appeal tribunals.

8. - (1) The Secretary of State must refer an appeal to an appeal tribunal.

(2) In determining an appeal, the tribunal must take into account any decision of a court relating to the same, or any similar, issue arising in connection with the injury or death in question.

(3) On an appeal, 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 certificate under subsection (4); or

(4) When the Secretary of State has received the decision of the tribunal on an appeal, he must in accordance with that decision-

(a) confirm the certificate against which the appeal was brought;

(b) issue a fresh certificate; or

(5) Regulations under section 7 may (among other things) provide for the non-disclosure of medical advice or medical evidence given or submitted following a reference under subsection (1).

(6) In this section and section 9, "appeal tribunal" means-

(a) in relation to England and Wales, an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998;

(b) in relation to Scotland, an appeal tribunal established for the purposes of this Act by regulations.

(7) Regulations under subsection (6)(b) may include provision as to the constitution of the appeal tribunal and as to the procedure to be followed on an appeal.

Appeal to the court on point of law.

9. - (1) Regulations may provide that an appeal lies to the High Court on any point of law arising from a decision of an appeal tribunal under section 8.

(2) In Scotland, an appeal lies to the Court of Session on any point of law arising from a decision of an appeal tribunal under section 8.

Reviews and appeals supplementary.

10. - (1) This section applies in any case in which a fresh certificate is issued as a result of a review under section 6 or an appeal.

(2) Regulations may provide that where-

(a) a person has made one or more payments to the Secretary of State under section 1, and

(b) in consequence of the review or appeal, it appears that the amount paid is more than the amount that ought to have been paid,

the difference must be repaid by such person or persons as may be prescribed.

(3) Regulations may provide that where-

(a) a person has made one or more payments to the Secretary of State under section 1, and

(b) in consequence of the review or appeal, it appears that the amount paid is less than the amount that ought to have been paid,

that person must pay the difference to the Secretary of State.

(4) Regulations under this section-

(a) may provide for the payment by any person of any balance or the recovery from any person of any excess, and may make such provision by modifying this Act;

(b) may provide for the Secretary of State to determine any matter requiring determination under or in consequence of the regulations.

Information

Provision of information.

11. - (1) This section applies if a claim for a compensation payment is made in respect of any injury suffered by, or the death of, a traffic casualty.

(2) The following persons must give the Secretary of State such information with respect to the circumstances of the case as may be prescribed-

(a) the person against whom the claim is made and anyone acting on behalf of that person;

(b) anyone not within paragraph (a) who is, or is alleged to be, liable in respect of the injury or death;

(d) if the claim is not made by the traffic casualty, the person by whom it is made;

(e) anyone acting on behalf of a person within paragraph (b), (c) or (d);

(f) the responsible body of each health service hospital at which the traffic casualty has received NHS treatment in respect of his injury.

(3) "Claim" and "person against whom the claim is made" have such meanings as may be prescribed.

(4) 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 (which in the case of a person within subsection (2)(b), (c), (d), (e) or (f) must be a period beginning with the day on which the Secretary of State asks him for the information).

(5) Regulations under this section may, in particular, require the provision of information about any NHS treatment which a traffic casualty has received at a health service hospital.

Use of information held by the Secretary of State.

12. - (1) Subsection (2) applies to information which is held-

(a) by the Secretary of State, or

(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.

(2) The information-

(a) may be used for the purposes of, or for any purpose connected with, the exercise of functions under this Act; and

(b) may be supplied to, or to a person providing services to, the Secretary of State for use for those purposes.

(3) Subsection (4) applies to information which is held-

(a) by the Secretary of State, or

(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 this Act.

(4) The information-

(a) may be used for the purposes of, or for any purpose connected with, the exercise of functions under the Social Security (Recovery of Benefits) Act 1997; and

(b) may be supplied to, or to a person providing services to, the Secretary of State for use for those purposes.

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.

(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.

(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).

(4) 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 concerned has ceased to exist (including provision modifying this Act).

Miscellaneous and general

Regulations governing payments into court, etc.

14. - (1) Regulations may make provision (including provision modifying this Act)-

(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;

(b) for cases to which section 1(2) applies in which an agreement is entered into for the making of-

(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 1(2) applies is an interim payment of damages which a court orders to be repaid.

(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-

(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.

(3) Subsection (2) extends to England and Wales only.

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.

(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.

Regulations and orders.

16. - (1) Any power to make regulations or an order which is conferred by this Act is exercisable by statutory instrument.

(2) Any such statutory instrument-

(a) may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate;

(b) may make different provision for different cases or areas;

(3) But subsection (2)(c) does not apply to an order under section 21.

Interpretation.

17. In this Act-

"appeal" means an appeal under section 7;

"appropriate NHS charges" has the meaning given in section 1(7);

"authorised insurer" has the meaning given in section 145(5) of the Road Traffic Act 1988;

"certificate" means a certificate of NHS charges issued under section 2;

"compensation payment" has the meaning given in section 1;

"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;

"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;

"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);

"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;

"NHS treatment" has the meaning given in section 1(6);

"owner" has the meaning given in section 192 of the Road Traffic Act 1988;

"prescribed" means prescribed by regulations;

"regulations" means regulations made by the Secretary of State;

"responsible body", in respect of a health service hospital, means-

(a) in the case of a hospital vested in a National Health Service trust, the Trust, and

(b) in any other case, the body responsible for the management of the hospital;

"road"-

(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

(b) in relation to Scotland, has the meaning given by the Roads (Scotland) Act 1984; and

"traffic casualty" has the meaning given in section 1(1).

Consequential amendments.

18. - (1) In section 145 of the Road Traffic Act 1988 (requirements in respect of policies of insurance), in subsection (6)-

(a) after "this Part of this Act", insert "or the Road Traffic (NHS Charges) Act 1999";

(b) after "section 157 of this Act", insert "or section 1 of the Act of 1999".

(2) In section 159 of the Act of 1988 (supplementary provisions as to payments for treatment)-

(a) in subsection (1), for paragraphs (a) to (c) substitute "to the hospital";

(b) in subsection (3)(a), for "the Authority" to the end substitute "the hospital claiming the payment".

(3) In section 161 of the Act of 1988 (interpretation), for the definition of "hospital" substitute-

	""hospital" means any institution which provides medical or surgical treatment for in-patients, other than-
	(a) a health service hospital within the meaning of the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978,
	(b) one which is a military hospital for the purposes of section 15 of the Road Traffic (NHS Charges) Act 1999, or
	(c) any institution carried on for profit,".

(4) In Schedule 1 to the Tribunals and Inquiries Act 1992, in paragraph 56 (National Health Service), after paragraph (d), insert-


"	(e) the appeal tribunal established by regulations under section 8(6)(b) of the Road Traffic (NHS Charges) Act 1999."

Expenditure.

19. - (1) The Secretary of State may pay out of money provided by Parliament such fees and allowances to members of the appeal tribunal established by regulations under section 8(6)(b) as he may with the consent of the Treasury determine.

(2) There is to be paid out of money provided by Parliament-

(a) any other expenditure incurred by the Secretary of State in consequence of this Act; and

(b) any increase attributable to this Act in the sums so payable by virtue of any other Act.

Transitional provision.

20. - (1) The Secretary of State may by order provide for section 7 to have effect, during the transitional period, with such modifications as may be specified in the order.

(2) During the transitional period, section 8 is to have effect as if for subsections (6) and (7) there were substituted-

"(6) In this section and section 9, "appeal tribunal" means a medical appeal tribunal constituted under section 50 of the Social Security Administration Act 1992."

(3) The Secretary of State may by order provide for section 8 to have effect, during the transitional period, with such further modifications as may be specified in the order.

(4) "The transitional period" means the period beginning with the coming into force of section 1 and ending on such day as the Secretary of State may by order appoint.

(5) Subsections (1) to (4) extend to England and Wales only.

(6) The Secretary of State may by order provide for section 7 to have effect, during the transitional period for Scotland, with such modifications as may be specified in the order.

(7) During the transitional period for Scotland, section 8 is to have effect as if for subsections (6) and (7) there were substituted-

	"(6) In this section and section 9, "appeal tribunal" means-
	(a) during the transitional period for England and Wales, a medical appeal tribunal constituted under section 50 of the Social Security Administration Act 1992;
	(b) after that transitional period, an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998."

(8) The Secretary of State may by order provide for section 8 to have effect, during the transitional period for Scotland, with such further modifications as may be specified in the order.

(9) "The transitional period for Scotland" means the period beginning with the coming into force of section 1 and ending on such day as the Secretary of State may by order appoint.

(10) Subsections (6) to (9) extend to Scotland only.

Short title, etc.

21. - (1) This Act may be cited as the Road Traffic (NHS Charges) Act 1999.

(2) The preceding provisions of this Act come into force on such day as the Secretary of State may by order appoint.

(3) Different days may be appointed for different purposes.

(4) For the purposes of the Scotland Act 1998, this Act shall be taken to be a pre-commencement enactment.

(5) This Act does not extend to Northern Ireland.

Prepared 22 January 1999