Recovery of NHS charges
5 Recovery of NHS charges.
1
This section applies if a person has made a compensation payment and either—
a
subsection (8) of section 2 applies but he has not applied for a certificate as required by that subsection; or
b
he has not made payment, in full, of any amount due under section 1(2) by the end of the period allowed under section 4.
2
The Secretary of State may—
a
in a case within subsection (1)(a), issue the person who made the compensation payment with a certificate, and
b
in a case within subsection (1)(b), issue him with a copy of the certificate or (if more than one has been issued) the most recent one,
and, in either case, issue him with a demand that payment of any amount due under section 1(2) be made immediately.
3
The Secretary of State may recover the amount for which a demand for payment is made under subsection (2) from the person who made the compensation payment.
4
If the person who made the compensation payment resides or carries on business in England and Wales and a county court so orders, the amount demanded is recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.
5
If the person who made the compensation payment resides or carries on business in Scotland, the demand may be enforced as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
6
A document which states that it is a record of the amount recoverable under subsection (3) is conclusive evidence that that amount is so recoverable if it is signed by a person authorised to do so by the Secretary of State.
7
For the purposes of subsection (6), a document purporting to be signed by a person authorised to do so by the Secretary of State is to be treated as so signed unless the contrary is proved.