"the 1972 Order" means the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14);

"the 1998 Order" means the Social Security (Northern Ireland) Order 1998 (NI 10);

"compensation payment" has the meaning given in Article 3;

"the Department" means the Department for Social Development;

"health services ambulance services" means ambulance services provided under Article 10(1) of the 1972 Order;

"health services hospital" means a hospital which provides health services;

"health services treatment" has the meaning given in Article 3(7);

"injured person" has the meaning given in Article 3(1);

"prescribed" means prescribed by regulations;

"regulations" means regulations made by the Department of Health, Social Services and Public Safety.

    (3) Except where any provision of this Order otherwise provides, any word or expression to which a meaning is assigned by Article 2(2) of the 1972 Order has the same meaning in this Order as in that Order.

(a) a person makes a compensation payment to or in respect of any other person (the "injured person") in consequence of any injury, whether physical or psychological, suffered by the injured person, and

(b) the injured person has—


(i) received health services treatment at a health services hospital as a result of the injury,

(ii) been provided with health services ambulance services as a result of the injury for the purpose of taking him to a health services hospital for health services treatment (unless he was dead on arrival at that hospital), or

(iii) received treatment as mentioned in head (i) and been provided with ambulance services as mentioned in head (ii).

    (2) The person making the compensation payment is liable to pay the relevant health services charges in respect of the treatment or ambulance services to the Department.

    (3) "Compensation payment" means a payment, including a payment in money's worth, made—

(a) by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the injury, or

(b) in pursuance of a compensation scheme for motor accidents,

but does not include a payment mentioned in Schedule 1.

    (4) Paragraph (1)(a) applies—

(a) to a payment made—


(i) voluntarily, or in pursuance of a court order or an agreement, or otherwise, and

(ii) in the United Kingdom or elsewhere, and



(b) if more than one payment is made, to each payment.

    (5) "Injury" does not include any disease.

    (6) Nothing in paragraph (5) prevents this Order from applying to—

(a) treatment received as a result of any disease suffered by the injured person, or

(b) ambulance services provided as a result of any disease suffered by him,

if the disease in question is attributable to the injury suffered by the injured person (and accordingly that treatment is received or those services are provided as a result of the injury).

    (7) "Health services treatment" means any treatment (including any examination of the injured person) other than—

(a) treatment provided by virtue of Article 31 of the 1972 Order or paragraph 14 of Schedule 3 to the Health and Personal Social Services (Northern Ireland) Order 1991 (NI 1) (accommodation and services for private patients),

(b) treatment provided at a health services hospital by virtue of Article 5(4) of the 1972 Order (permission for use of health services accommodation or facilities in private practice), or

(c) treatment provided by virtue of—


(i) Article 15B, 56 or 57 of the 1972 Order (primary medical services), or

(ii) Article 61 of the 1972 Order (general dental services).

    (8) "Relevant health services charges" means the amount specified in a certificate of health services charges—

(a) issued under this Order, in respect of the injured person, to the person making the compensation payment, and

(b) in force.

    (9) "Compensation scheme for motor accidents" means any scheme or arrangement under which funds are available for the payment of compensation in respect of motor accidents caused, or alleged to have been caused, by uninsured or unidentified persons.

    (10) Regulations may amend Schedule 1 by omitting or modifying any payment for the time being specified in that Schedule.

    (11) This Article applies in relation to any injury which occurs on or after the date on which this Article comes into operation.

    (12) For the purposes of this Order, it is irrelevant whether a compensation payment is made with or without an admission of liability.

(a) until a specified date,

(b) until the occurrence of a specified event, or

(c) indefinitely.

    (4) A person may apply under paragraph (1) for a fresh certificate from time to time.

    (5) Paragraph (2) does not require the Department to arrange for a fresh certificate to be issued to a person applying under paragraph (4) if, when the application is received, a certificate issued to the applicant in respect of the injured person is still in force; but the Department may arrange for a fresh certificate to be issued so as to have effect on the expiry of the current certificate.

    (6) If a certificate expires, the Department may arrange for a fresh certificate to be issued without an application having to be made.

    (7) In the circumstances mentioned in paragraph (8), a person who has made a compensation payment in consequence of an injury suffered by an injured person shall apply for a certificate to the Department.

    (8) The circumstances are that—

(a) at the time the payment is made by the person—


(i) no certificate has been issued to him in respect of the injured person, or

(ii) if such a certificate has been issued to him, it is no longer in force, and



(b) no application for a certificate has been made by him during the prescribed period ending immediately before the day on which the compensation payment is made.

(a) that the amount, or the aggregate amount, specified in a certificate is not to exceed a prescribed sum,

(b) for different amounts to be specified in respect of different circumstances or areas,

(c) for cases in which an injured person receives treatment at two or more health services hospitals,

(d) for cases in which an injured person receives treatment at one or more health services hospitals and is provided with health services ambulance services,

(e) for cases in which liability under Article 3(2) is to be apportioned between two or more persons making compensation payments to or in respect of the same injured person in consequence of the same injury,

(f) for cases in which a fresh certificate is issued or a certificate is revoked as a result of a review under Article 8 or an appeal under Article 9 or 11,

(g) for any matter requiring determination under or in consequence of the regulations to be determined by the Department,

and in the case of sub-paragraph (e) may make such provision by modifying this Order.

    (6) Any reference in paragraph (5)(a) or (b) to any amount specified in a certificate is to the amount which would be so specified apart from paragraph (3) or regulations under paragraph (10).

    (7) Regulations under paragraph (2) which provide for cases mentioned in paragraph (5)(e) may (among other things) provide in the case of each compensator for—

(a) determining, or re-determining, the amount for which he is liable under Article 3(2),

(b) giving credit for amounts already paid, and

(c) the payment by any person of any balance or the recovery from any person of any excess.

    (8) Regulations under paragraph (2) which provide for cases mentioned in paragraph (5)(f) may (among other things) provide in the case of any compensator for the matters mentioned in sub-paragraphs (b) and (c) of paragraph (7).

    (9) For the purposes of paragraph (10), a claim made by or on behalf of an injured person is a qualifying claim if—

(a) it does not fall within paragraph (3) or within any other description of claim specified in regulations, and

(b) it is settled, and the damages payable under the settlement are to be reduced to reflect the injured person's share in the responsibility for the injury in question.

    (10) Regulations may make provision as to the circumstances in which the amount specified in a certificate relating to a qualifying claim is to be that which would be so specified apart from the regulations, reduced by the same proportion as the reduction of damages.

    (11) A person to whom a certificate is issued is entitled to such particulars of the manner in which any amount specified in the certificate has been determined as may be prescribed, if he applies to the Department for those particulars.

    (12) Regulations under paragraph (2) may be made so as to apply to any certificate issued after the time the regulations come into operation, other than one relating to a compensation payment made before that time.

(a) paragraph (7) of Article 4 applies but he has not applied for a certificate as required by that paragraph, or

(b) he has not made payment, in full, of any amount due under Article 3(2) by the end of the period allowed under Article 6.

    (2) The Department may—

(a) in a case within paragraph (1)(a), issue the person who made the compensation payment with a certificate, and

(b) in a case within paragraph (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 Article 3(2) be made immediately.

    (3) The Department may recover the amount for which a demand for payment is made under paragraph (2) from the person who made the compensation payment.

    (4) Any amount recoverable shall, if the county court so orders, be enforceable as if it were payable under an order of that court.

    (5) A document which states that it is a record of the amount recoverable under paragraph (3) is conclusive evidence that the amount is so recoverable if it is signed by a person authorised to do so by the Department.

    (6) For the purposes of paragraph (5), a document purporting to be signed by a person authorised to do so by the Department is to be treated as so signed unless the contrary is proved.

(a) in respect of which, after the certificate is issued, a court in Northern Ireland orders a reduction of damages in accordance with section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23),

(b) in respect of which, after the certificate is issued, a court in England and Wales or Scotland orders a reduction of damages in accordance with section 1 of the Law Reform (Contributory Negligence) Act 1945 (c. 28),

(c) in respect of which, after the certificate is issued, a court in a country other than Northern Ireland, England and Wales or Scotland orders a reduction of damages under any provision of the law of that country which appears to the Department to correspond to section 2 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948,

(d) in respect of which, after the certificate is issued, an officer of a court in Northern Ireland or England and Wales enters or seals an agreed judgment or order which specifies—


(i) that the damages are to be reduced to reflect the injured person's share in the responsibility for the injury in question, and

(ii) the amount or proportion by which they are to be so reduced,



(e) in the case of which, after the certificate is issued, the parties to any resulting action before a court in Scotland execute a joint minute which specifies—



(i) that the action has been settled extra-judicially, and

(ii) the matters mentioned in sub-paragraph (d)(i) and (ii), or



(f) in respect of which, after the certificate is issued, a document is made under any provision of the law of a country other than Northern Ireland, England and Wales or Scotland—



(i) which appears to the Department to correspond to an agreed judgment or order entered or sealed by an officer of a court in Northern Ireland, and

(ii) which specifies the matters mentioned in sub-paragraph (d)(i) and (ii),



and notification of the order, judgment, minute or document has been given to the Department in the prescribed manner.

    (2) Regulations may make provision as to the circumstances in which the Department shall review a certificate relating to a claim which, after the certificate is issued, becomes a qualifying claim (as defined in Article 5(9)).

    (3)The Department may review a certificate issued by it—

(a) either within the prescribed period or in prescribed cases or circumstances, and

(b) either on application made for the purpose or on the Department's initiative.

    (4) On a review under this Article, the Department may—

(a) confirm the certificate,

(b) (subject to paragraph (5)) issue a fresh certificate containing such variations as it considers appropriate, or

(c) revoke the certificate.

(a) the person against whom the claim is made and anyone acting on behalf of that person, whether or not proceedings have been commenced,

(b) the injured person or, if the injured person has died, his personal representative,

(c) anyone not within sub-paragraph (a) who is, or is alleged to be, liable to any extent in respect of the injury,

(d) if the claim is not made by the injured person, the person by whom it is made,

(e) anyone acting on behalf of the person within any of sub-paragraphs (b) to (d),

(f) the responsible body of each health services hospital at which the injured person has received health services treatment as a result of his injury,

(g) any ambulance trust which provided health services ambulance services as a result of his injury.

    (2) A person who is required to give information under this Article shall do so—

(a) in the prescribed manner, and

(b) within the prescribed period.

    (3) Regulations under this Article may, in particular, require the provision of information about any health services treatment which an injured person has received at a health services hospital and any health services ambulance services provided to the injured person.

    (4) In this Article—

"ambulance trust" means an HSS trust;

"responsible body", in relation to a health services hospital, means—

(a) in the case of a hospital vested in an HSS trust, the trust; and

(b) in any other case, the body responsible for the management of the hospital.

(a) for cases to which Article 3(2) applies in which two or more compensation payments in the form of lump sums are made by the same person in respect of the same injury,

(b) for cases to which Article 3(2) applies in which an agreement is entered into for the making of—


(i) periodical compensation payments (whether of an income or capital nature), or

(ii) periodical compensation payments and lump sum compensation payments,



(c) for cases in which the compensation payment to which Article 3(2) applies is an interim payment of damages which a court orders to be repaid.

    (2) Regulations made by virtue of paragraph (1)(a) may (among other things) provide—

(a) for giving credit for amounts already paid, and

(b) for the payment by any person of any balance or the recovery from any person of any excess.

    (3) Regulations may make provision modifying the application of this Order in relation to cases in which a payment into court is made and, in particular, may provide—

(a) for the making of a payment into court to be treated in prescribed circumstances as the making of a compensation payment,

(b) for application for, and issue of, certificates.

(a) Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (NI 15) (compensation orders against convicted persons),

(b) section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (corresponding provision in relation to England and Wales), or

(c) section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (corresponding provision in relation to Scotland).

     2. Any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—

(a) the injury suffered by the injured person, or

(b) any connected injury suffered by another.

     3. Any payment made out of property held for the purposes of a prescribed trust.

     4. —(1) Any payment made to the injured person by an insurer under the terms of any contract of insurance entered into between the injured person and the insurer before the occurrence of the injury in question.

    (2) In sub-paragraph (1), "insurer" means—

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (c. 8) to effect or carry out contracts of insurance, or

(b) an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance.

    (3) Sub-paragraph (2) shall be read with—

(a) section 22 of the Financial Services and Markets Act 2000,

(b) any relevant order under that section, and

(c) Schedule 2 to that Act.

     5. Any payment which apart from this paragraph would be made by—

(a) the responsible body of the health services hospital to whom the payment would subsequently be passed under Article 14,

(b) the relevant ambulance trust to whom the payment would subsequently be passed under that Article.

     6. Any payment to the extent that it is made—

(a) in consequence of an action under the Fatal Accidents (Northern Ireland) Order 1977 (NI 18)),

(b) in consequence of an action under the Fatal Accidents Act 1976 (c. 30), or

(c) in circumstances where, had an action been brought, it would have been brought under that Order or Act.

     7. Any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976 (c. 13).

     8. Any payment of a prescribed description, either generally or in such circumstances as may be prescribed.