The Scotland Act 1998 (Agency Arrangements) (Specification) (No. 3) Order 2006

• Citation: S.I. 2006/3338
• Sections: 46

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) (No. 3) Order 2006 and shall come into force on 29th January 2007, immediately after the coming into force of the Amounts Regulations , the General Regulations and the Reviews and Appeals Regulations .

(2) This Order does not extend to Northern Ireland.

Section 2 Interpretation

In this Order–

“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003 ;

“the Amounts Regulations” means the Personal Injuries ( NHS Charges) (Amounts) (Scotland) Regulations 2006 ;

“the General Regulations” means the Personal Injuries (NHS Charges) (General) (Scotland) Regulations 2006 ;

“the Reviews and Appeals Regulations” means the Personal Injuries (NHS Charges) (Reviews and Appeals) (Scotland) Regulations 2006 ; and

“the Social Security Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .

Section 3 Specification of functions

The functions exercisable by the Scottish Ministers under the enactments mentioned in column 1 of the Schedule to this Order (subject to any exceptions or consequential modifications mentioned in the corresponding entry in column 2 of that Schedule) are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.

Section 1

Section 151(1), (2), (5), (6), (7) and (10), of the Act (functions relating to applications for, and the issue of, certificates of NHS charges for the treatment of personal injuries).

Section 2

Section 152(1), (2), (3)(b), and (4) of the Act (functions relating to applications for, and the issue of, certificates of NHS charges for the treatment of personal injuries).

Section 3

Section 152(5) of the Act (functions relating to the issue of certificates of NHS charges for the treatment of personal injuries).

Section 4

Section 153(3)(c) and (3)(g)(i) of the Act (functions relating to information contained in certificates).

Section 5

Section 153(11) of the Act (function relating to information contained in certificate).

Section 6

Section 155(2), (4), (6) and (9) of the Act (functions relating to the recovery of NHS charges for the treatment of personal injuries).

Section 7

Section 156(1) of the Act (functions relating to the review of certificates of NHS charges for the treatment of personal injuries).

Section 8

Section 156(4) of the Act (functions relating to the review of certificates of NHS charges for the treatment of personal injuries).

Section 9

Section 156(3), (5) and (6) of the Act (functions relating to the review of certificates of NHS charges for the treatment of personal injuries).

Section 10

Section 157(4) and (5) of the Act, (functions relating to waiver decisions and appeals against waiver decisions).

Section 11

Section 158(1) and (4) of the Act (functions relating to appeal tribunals).

Section 12

Section 159(2) of the Act (function of making an appeal to a Social Security Commissioner).

Section 13

Section 160(1) of the Act (function of receiving information).

Section 14

Section 161(4) and (5) of the Act (functions relating to use of information).

Section 15

Section 162(1) of the Act (functions relating to the payment of NHS charges to hospitals or ambulance trusts).

Section 16

Regulation 5(2), (3) and (4) (functions relating to the apportionment of liability to pay NHS charges) of the Amounts Regulations.

Section 17

Regulation 6(2) and 6(3) (functions relating to the adjustment of amounts specified in a certificate issued by the Scottish Ministers and the Secretary of State) of the Amounts Regulations.

Section 18

Regulation 7(2) (functions relating to the repayment of relevant NHS charges in cases where the person who paid the relevant NHS charges paid more than they ought to have paid) of the Amounts Regulations.

Section 19

Regulation 8(2) and (3) (functions relating to the receipt of relevant NHS charges in cases where the person who paid the relevant NHS charges paid less than they ought to have paid) of the Amounts Regulations.

Section 20

Regulation 9 (function of providing statements to persons paying NHS charges in cases of overpayments and underpayments) of the Amounts Regulations.

Section 21

Regulation 10 (functions relating to the provision of statements to ambulance trusts or responsible bodies in cases of overpayments and underpayments) of the Amounts Regulations.

Section 22

Regulation 2(1) (function of receiving applications for a certificate) of the General Regulations.

Section 23

Regulation 3(1) (functions relating to the reduction of the amount specified in a certificate in cases of contributory negligence) of the General Regulations.

Section 24

Regulation 5(1), (2), (4) and (5) (functions relating to the receipt of information with respect to an injured person) of the General Regulations.

Section 25

Regulation 6 (functions relating to the making of payments to hospitals and ambulance trusts) of the General Regulations.

Section 26

Regulation 8 (functions relating to the repayment of relevant NHS charges in cases where a court has ordered the repayment of an interim payment of damages) of the General Regulations.

Section 27

Regulation 2 (functions relating to the review of certificates) of the Reviews and Appeals Regulations.

Section 28

Regulation 3 (function of sending to a person to whom a certificate has been issued, information relating to appeals against certificates) of the Reviews and Appeals Regulations.

Section 29

Regulation 4(1), (2), (3) and (4) (functions relating to waiver applications and appeals against waiver decisions) of the Reviews and Appeals Regulations.

Section 30

Regulation 5(1), (2) and (3) (functions relating to appeals against certificates) of the Reviews and Appeals Regulations.

Section 31

Regulation 6 (functions relating to appeals against certificates) of the Reviews and Appeals Regulations.

Section 32

Regulation 7(1), (2), (3), (4), (5), (6), (7) and (8) (functions relating to applications for extension of time for appealing against a certificate) of the Reviews and Appeals Regulations.

Section 33

Regulation 38(2) and (3) (functions relating to the receipt of a direction to comply with the Regulations or to provide particulars or produce documents) of the Social Security Regulations as applied by regulation 8 of the Reviews and Appeals Regulations.

Section 34

Regulation 39(1) and (3) (functions relating to choice of hearing) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 35

Regulation 40 (functions relating to withdrawal of appeal or referral) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 36

Regulation 49(2), (3) and (7) (functions relating to procedure at oral hearings) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 37

Regulation 51(1), (2) and (4) (functions relating to postponement and adjournment) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 38

Regulation 53(3) and (4) (functions relating to decisions of appeal tribunals) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 39

Regulation 54(11) and (12) (functions relating to late applications for a statement of reasons of tribunal decision) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 40

Regulation 55(4) (function of applying for a copy of the record of tribunal proceedings) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 41

Regulation 56(2) (function of receiving notice of corrections of accidental errors) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 42

Regulation 57(1), (3), (4) and (5) (functions relating to setting aside decisions on certain grounds) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.

Section 43

Regulation 58(1), (2) and (4) (functions relating to application for leave to appeal to a Commissioner from an appeal tribunal) of the Social Security Regulations as applied by Regulation 8 of the Reviews and Appeals Regulations.