Road Traffic (NHS Charges) Act 1999

7Appeals against a certificate

This section has no associated Explanatory Notes

(1)An appeal against a certificate may be made by the person to whom the certificate was issued on the ground—

(a)that an amount (or amounts) specified in the certificate is (or are) incorrect;

(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

(c)that the payment on the basis of which the certificate was issued is not a compensation payment.

(2)No appeal may be made until—

(a)the claim giving rise to the compensation payment has been finally disposed of; and

(b)payment of the amount or amounts specified in the certificate has been made to the Secretary of State.

(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—

(a)section 32A(2)(a) of the [1981 c. 54.] Supreme Court Act 1981,

(b)section 12(2)(a) of the [1982 c. 53.] Administration of Justice Act 1982, or

(c)section 51(2)(a) of the [1984 c. 28.] County Courts Act 1984,

(orders for provisional damages in personal injury cases), the claim is to be treated as having been finally disposed of.

(4)Regulations may make provision—

(a)as to the manner in which, and the time within which, an appeal may be made;

(b)as to the procedure to be followed where an appeal is made; and

(c)for the purpose of enabling an appeal to be treated as an application for a review under section 6.