
1 

(1) These Regulations may be cited as the Recovery of Health Services Charges (General) and (Amounts) (Amendment) Regulations (Northern Ireland) 2009 and shall come into operation on 1st April 2009.
(2) In these Regulations—
 “certificate means a certificate of Health Services Charges issued under Article 4 of the Recovery of Health Services Charges (Northern Ireland) Order 2006;
 “the principal Regulations” means the Recovery of Health Services Charges (Amounts) Regulations (Northern Ireland) 2006;
 “the 2006 Regulations” means the Recovery of Health Services Charges (General) Regulations (Northern Ireland) 2006.
2 
The principal Regulations are amended in accordance with Schedule 1.
3 
The 2006 Regulations are amended in accordance with Schedule 2.
4 
Notwithstanding regulation 2, the principal Regulations shall continue to have effect in respect of a certificate relating to an incident which occurred before 1st April 2009 as if the amendments made under paragraph 1 of Schedule 1 had not been made.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 18th March 2009.
Julie Thompson
A senior officer of the
Department of Health, Social Services and Public Safety

SCHEDULE 1
Regulation 2
1 
In regulation 2 of the principal Regulations (amount of health services charges)—
(a) in paragraph (1) for “regulation 3” substitute “regulation 3 and 3A”;
(b) in paragraph (1)(a) for “£165” substitute “£171”;
(c) in paragraph (1)(b)(i) for “£547” substitute “£566”;
(d) in paragraph (1)(b)(ii) for “£672” substitute “£695”; and
(e) in paragraph (4) for “£40,179” substitute “£41,545”.
2 
After regulation 3 (amount of health services charges: further provision) insert—“
3A.— 
This regulation applies to a certificate where the amount to be specified in the certificate is determined under Article 5 on or after 1st April 2009; and
(2) This paragraph applies where—
(a) a charge has been made in respect of an injured person in accordance with Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972, there being no exemption from charges under the Provision of Health Services to Persons not Ordinarily Resident Regulations (Northern Ireland) 2005, for the provision of health services treatment; and
(b) the compensation payment made to or in respect of that injured person includes an amount in respect of the charge referred to in sub-paragraph (a).
(3) Where paragraph (2) applies, the amount for the purpose of Article 5 to be specified in relation to health services treatment at a hospital in the certificate which relates to the compensation payment referred to in paragraph (2)(b) shall be £0.00.”.
SCHEDULE 2
Regulation 3
1 
In regulation 1(2) of the 2006 Regulations (citation, commencement and interpretation) insert the following definitions in the appropriate alphabetical position—“
 “the 2005 Regulations” means the Provision of Health Services to Persons not Ordinarily Resident Regulations (Northern Ireland) 2005;
 “visitor” means a person not ordinarily resident in Northern Ireland;
 “visitors' charge” means a charge in accordance with Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 for the provision of health services treatment, where no exemption from charges under the 2005 Regulations applies.”.
2 
In regulation “2(1)(f) of the 2006 Regulations (application for a certificate of health services charges) after “was made” insert “, whether that payment includes an amount in respect of a visitors' charge and, if so, documentary evidence of that amount”.
3 
In regulation 5 of the 2006 Regulations (information to be provided in relation to an injured person)—
(a) at the end of paragraph (3)(f)(ii) omit “and”;
(b) after paragraph (3)(g) insert—“and
(h) whether the claim for compensation includes payment of a visitors' charge.”;
(c) at the end of paragraph (4)(d) omit “and”; and
(d) after paragraph (4)(e) insert—“and
(f) whether a visitors' charge has been made in respect of the injured person.”.