The Personal Injuries (NHS Charges) (Amounts) (Amendment) (No. 2) Regulations 2023 No. 969

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2023 No. 969

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Personal Injuries (NHS Charges) (Amounts) (Amendment) (No. 2) Regulations 2023

Made

5th September 2023

Laid before Parliament

6th September 2023

Coming into force

2nd October 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 153(2) and (5), 167(1) and 195(1) and (2) of the Health and Social Care (Community Health and Standards) Act 2003( 1).

In accordance with section 195(3) of that Act, the Secretary of State has consulted with the Welsh Ministers( 2).

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Personal Injuries (NHS Charges) (Amounts) (Amendment) (No. 2) Regulations 2023 and come into force on 2nd October 2023.

(2) These Regulations extend to England and Wales.

(3) In these Regulations, “ principal Regulations” means the Personal Injuries (NHS Charges) (Amounts) Regulations 2015( 3).

Amendment of Schedule 1 to the principal Regulations

2.  In Schedule 1 to the principal Regulations (amount of NHS charges), substitute the following table for the existing table—

(1) (2) Ambulance services £ (3) Out-patient £ (4) In-patient £ (5) Maximum £
29th January 2007 159 505 620 37,100
1st April 2008 165 547 672 40,179
1st April 2009 171 566 695 41,545
1st April 2010 177 585 719 42,999
1st April 2011 181 600 737 44,056
1st April 2012 185 615 755 45,153
1st April 2013 189 627 770 46,046
1st April 2014 192 637 783 46,831
1st April 2015 195 647 796 47,569
1st April 2016 201 665 817 48,849
1st April 2017 205 678 833 49,824
1st April 2018 208 688 846 50,561
1st April 2019 219 725 891 53,278
1st April 2020 224 743 913 54,566
1st April 2021 225 744 915 54,682
1st April 2022 231 766 941 56,260
1st April 2023 238 788 968 57,892
2nd October 2023 243 806 991 59,248

Revocation

3.  The Personal Injuries (NHS Charges) (Amounts) (Amendment) Regulations 2023( 4) are revoked.

Signed by authority of the Secretary of State for Health and Social Care.

Markham

Parliamentary Under-Secretary of State

Department of Health and Social Care

5th September 2023

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Personal Injuries (NHS Charges) (Amounts) Regulations 2015 ( S.I. 2015/295) (“ the principal Regulations”) which make provision about the charges payable under the scheme for the recovery of NHS charges in cases where an injured person who receives a compensation payment in respect of their injury has received NHS hospital treatment or ambulance services.

Regulation 2 amends the principal Regulations by substituting a table in Schedule 1. This table provides for increased charges in respect of injuries which occur on or after 2nd October 2023. Where the injured person is provided with NHS ambulance services, the charge will be £243 (compared with £238, for injuries incurred between 1st April 2023 and 1st October 2023). Where the injured person receives NHS treatment, but is not admitted to hospital, the charge will be £806 (compared with £788 for injuries incurred between 1st April 2023 and 1st October 2023). The daily charge for NHS in-patient treatment will be £991 (compared with £968 for injuries incurred between 1st April 2023 and 1st October 2023). The maximum charge in respect of an injury will be £59,248 (compared with £57,892 for injuries incurred between 1st April 2023 to 1st October 2023).

Regulation 3 revokes the Personal Injuries (NHS Charges) (Amounts) (Amendment) Regulations 2023 ( S.I. 2023/220).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

( 1)

2003 c. 43. By virtue of section 167(1), the powers are exercisable in relation to England and Wales by the Secretary of State. See section 168 for the definition of “prescribed”. Amendments to section 195 are not relevant to the power as exercised in these Regulations.

( 2)

Functions conferred or imposed on the National Assembly for Wales immediately before the first appointment of a First Minister under section 46 of the Government of Wales Act 2006 (c. 32)(“ GOWA”) by an enactment contained in an Act were transferred to the Welsh Ministers by section 162(1) of, and paragraph 30 of Schedule 11 to, GOWA.

( 3)

S.I. 2015/295, amended by S.I. 2023/220.


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