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Reviews and appeals |
| Review of certificates. |
6. - (1) A certificate may be reviewed by the Secretary of State-
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(a) either within the prescribed period or in prescribed cases or circumstances; and |
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(b) either on an application made for the purpose or on his own initiative. |
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(2) On a review under this section, the Secretary of State may-
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(a) confirm the certificate; |
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(b) issue a fresh certificate containing such variations as he considers appropriate; or |
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(c) revoke the certificate. |
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(3) But the Secretary of State may not vary a certificate so as to increase the total amount specified unless it appears to him that the variation is required as a result of his having been supplied with incorrect or insufficient information by the applicant for the certificate.
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| Appeals against a certificate. |
7. - (1) An appeal against a certificate may be made by the person to whom the certificate was issued on the ground-
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(a) that an amount (or amounts) specified in the certificate is (or are) incorrect; |
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(b) that an amount (or amounts) so specified takes (or take) into account treatment which is not NHS treatment received by the traffic casualty, in respect of his injury, at a health service hospital; or |
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(c) that the payment on the basis of which the certificate was issued is not a compensation payment. |
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(2) No appeal may be made until-
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(a) the claim giving rise to the compensation payment has been finally disposed of; and |
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(b) payment of the amount or amounts specified in the certificate has been made to the Secretary of State. |
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(3) For the purposes of subsection (2)(a), if an award of damages in respect of a claim has been made under or by virtue of-
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(a) section 32A(2)(a) of the Supreme Court Act 1981, |
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(b) section 12(2)(a) of the Administration of Justice Act 1982, or |
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(c) section 51(2)(a) of the County Courts Act 1984, |
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(orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.
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(4) Regulations may make provision-
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(a) as to the manner in which, and the time within which, an appeal may be made; |
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(b) as to the procedure to be followed where an appeal is made; and |
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(c) for the purpose of enabling an appeal to be treated as an application for a review under section 6. |
| Appeal tribunals. |
8. - (1) The Secretary of State must refer an appeal to an appeal tribunal.
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(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.
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(3) On an appeal, the tribunal may-
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(a) confirm the amount or amounts specified in the certificate; |
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(b) specify any variations which are to be made on the issue of a fresh certificate under subsection (4); or |
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(c) declare that the certificate of NHS charges is to be revoked. |
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(4) When the Secretary of State has received the decision of the tribunal on an appeal, he must in accordance with that decision-
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(a) confirm the certificate against which the appeal was brought; |
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(b) issue a fresh certificate; or |
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(c) revoke the certificate. |
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(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).
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(6) In this section and section 9, "appeal tribunal" means-
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(a) in relation to England and Wales, an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998; |
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(b) in relation to Scotland, an appeal tribunal established for the purposes of this Act by regulations. |
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(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.
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| 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.
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(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.
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| 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.
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(2) Regulations may provide that where-
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(a) a person has made one or more payments to the Secretary of State under section 1, and |
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(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, |
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the difference must be repaid by such person or persons as may be prescribed.
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(3) Regulations may provide that where-
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(a) a person has made one or more payments to the Secretary of State under section 1, and |
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(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, |
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that person must pay the difference to the Secretary of State.
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(4) Regulations under this section-
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(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; |
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(b) may provide for the Secretary of State to determine any matter requiring determination under or in consequence of the regulations. |
