The Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) Amendment Regulations 2013

• Citation: S.I. 2013/2586
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) Amendment Regulations 2013 and come into force on 7th November 2013.

(2) In these Regulations—

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

“the 1999 Act ” means the Road Traffic (NHS Charges) Act 1999;

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

“the 1999 Regulations ” means the Road Traffic (NHS Charges) (Reviews and Appeals) Regulations 1999 .

Section 2 Amendment of the 1999 Regulations

(1) The 1999 Regulations are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “tribunal” insert—

; and

“ Tribunal Procedure Rules ” means the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.

(3) In regulation 3 (manner of making appeals and time limits)—

(a) for paragraph (1) substitute, “An appeal against a certificate must be made in accordance with the Tribunal Procedure Rules”; and

(b) omit paragraphs (10) to (14).

Section 3 Amendment of the 2006 Regulations

(1) The 2006 Regulations are amended as follows.

(2) In regulation 1 (citation, commencement, application and interpretation), in paragraph (3), after the definition of “Social Security Regulations” insert—

“Tribunal Procedure Rules” means the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008;

(3) In regulation 4 (waiver applications and appeals), for paragraph (4) substitute, “An appeal against a waiver decision must be made in accordance with the Tribunal Procedure Rules.”.

(4) In regulation 5 (appeals against certificates), for paragraph (1) substitute, “An appeal against a certificate must be made in accordance with the Tribunal Procedure Rules.”.

(5) Omit regulation 6 (appeals-general) and regulation 7 (extension of time for appealing).

Section 4 Transitional and savings provision

(1) Notwithstanding regulations 2(3) and 3(3) to (5) of these Regulations—

(a) regulation 3 of the 1999 Regulations; and

(b) regulations 4 to 7 of the 2006 Regulations,

as in force immediately before 7th November 2013 continue to apply in a case where an appeal against a decision received by the Compensation Recovery Unit is pending a determination immediately before 7th November 2013.

(2) In paragraph (1), the reference to “decision” includes—

(a) a certificate issued under section 2 (certificate of NHS charges) of the 1999 Act;

(b) a certificate issued under section 151 (applications for certificates of NHS charges) of the 2003 Act; and

(c) a waiver decision made under section 157 (appeal against a certificate or waiver decision) of the 2003 Act.