 
|
| | Third-Party
Liabilities
Compulsory
insurance or security against third-party risks |
Users of motor vehicles to be insured or secured against third-party risks.
| 143.—(1) Subject
to the provisions of this Part of this Act— (a) a
person must not use a motor vehicle on a road unless there is in force in relation
to the use of the vehicle by that person such a policy of insurance or such a
security in respect of third party risks as complies with the requirements of
this Part of this Act, and (b) a
person must not cause or permit any other person to use a motor vehicle on a road
unless there is in force in relation to the use of the vehicle by that other person
such a policy of insurance or such a security in respect of third party risks
as complies with the requirements of this Part of this Act. (2) If
a person acts in contravention of subsection (1) above he is guilty of an offence.
(3) A person charged with using a motor vehicle
in contravention of this section shall not be convicted if he proves—
(a) that
the vehicle did not belong to him and was not in his possession under a contract
of hiring or of loan, (b) that
he was using the vehicle in the course of his employment, and
(c) that
he neither knew nor had reason to believe that there was not in force in relation
to the vehicle such a policy of insurance or security as is mentioned in subsection
(1) above. (4) This
Part of this Act does not apply to invalid carriages. | |
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Exceptions from requirement of third-party insurance or security.
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144.—(1) Section 143
of this Act does not apply to a vehicle owned by a person who has deposited and
keeps deposited with the Accountant General of the Supreme Court the sum of £15,000,
at a time when the vehicle is being driven under the owner's control.
(2) Section 143 does not apply— (a) to
a vehicle owned— (i) by
the council of a county or county district in England and Wales, the Common Council
of the City of London, the council of a London borough, the Inner London Education
Authority, or a joint authority (other than a police authority) established by
Part IV of the [1985 c. 51.] Local Government Act 1985,
(ii) by
a regional, islands or district council in Scotland, or (iii) by
a joint board or committee in England or Wales, or joint committee in Scotland,
which is so constituted as to include among its members representatives of any
such council, at
a time when the vehicle is being driven under the owner's control,
(b) to
a vehicle owned by a police authority or the Receiver for the Metropolitan Police
district, at a time when it is being driven under the owner's control, or to a
vehicle at a time when it is being driven for police purposes by or under the
direction of a constable, or by a person employed by a police authority, or employed
by the Receiver, or (c) to
a vehicle at a time when it is being driven on a journey to or from any place
undertaken for salvage purposes pursuant to Part IX of the [1894 c. 60.]
Merchant Shipping Act 1894, (d) to
the use of a vehicle for the purpose of its being provided in pursuance of a direction
under section 166(2)(b) of the [1955 c. 18.] Army Act 1955 or under
the corresponding provision of the [1955 c. 19.] Air Force Act 1955,
(e) to
a vehicle which is made available by the Secretary of State to any person, body
or local authority in pursuance of section 23 or 26 of the [1977 c. 49.]
National Health Service Act 1977 at a time when it is being used in accordance
with the terms on which it is so made available, (f) to
a vehicle which is made available by the Secretary of State to any local authority,
education authority or voluntary organisation in Scotland in pursuance of section
15 or 16 of the [1978 c. 29.] National Health Service (Scotland) Act
1978 at a time when it is being used in accordance with the terms on which it
is so made available. |
Requirements in respect of policies of insurance.
|
145.—(1) In order
to comply with the requirements of this Part of this Act, a policy of insurance
must satisfy the following conditions.
(2) The
policy must be issued by an authorised insurer.
(3) Subject
to subsection (4) below, the policy— (a) must
insure such person, persons or classes of persons as may be specified in the policy
in respect of any liability which may be incurred by him or them in respect of
the death of or bodily injury to any person or damage to property caused by, or
arising out of, the use of the vehicle on a road in Great Britain, and
(b) must
insure him or them in respect of any liability which may be incurred by him or
them in respect of the use of the vehicle and of any trailer, whether or not coupled,
in the territory other than Great Britain and Gibraltar of each of the member
States of the Communities according to the law on compulsory insurance against
civil liability in respect of the use of vehicles of the State where the liability
may be incurred, and (c) must
also insure him or them in respect of any liability which may be incurred by him
or them under the provisions of this Part of this Act relating to payment for
emergency treatment. (4) The
policy shall not, by virtue of subsection (3)(a) above, be required—
(a) to
cover liability in respect of the death, arising out of and in the course of his
employment, of a person in the employment of a person insured by the policy or
of bodily injury sustained by such a person arising out of and in the course of
his employment, or (b) to
provide insurance of more than £250,000 in respect of all such liabilities as
may be incurred in respect of damage to property caused by, or arising out of,
any one accident involving the vehicle, or (c) to
cover liability in respect of damage to the vehicle, or (d) to
cover liability in respect of damage to goods carried for hire or reward in or
on the vehicle or in or on any trailer (whether or not coupled) drawn by the vehicle,
or (e) to
cover any liability of a person in respect of damage to property in his custody
or under his control, or (f) to
cover any contractual liability. (5) In
this Part of this Act "authorised insurer" means a person or body of persons carrying
on insurance business within Group 2 in Part II of Schedule 2 to the [1982
c. 50.] Insurance Companies Act 1982 and being a member of the Motor
Insurers' Bureau (a company limited by guarantee and incorporated under the [1929
c. 23.] Companies Act 1929 on 14th June 1946).
(6) If
any person or body of persons ceases to be a member of the Motor Insurers' Bureau,
that person or body shall not by virtue of that cease to be treated as an authorised
insurer for the purposes of this Part of this Act— (a) in
relation to any policy issued by the insurer before ceasing to be such a member,
or (b) in
relation to any obligation (whether arising before or after the insurer ceased
to be such a member) which the insurer may be called upon to meet under or in
consequence of any such policy or under section 157 of this Act by virtue of making
a payment in pursuance of such an obligation. |
Requirements in respect of securities.
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146.—(1) In order
to comply with the requirements of this Part of this Act, a security must satisfy
the following conditions.
(2) The security
must be given either by an authorised insurer or by some body of persons which
carries on in the United Kingdom the business of giving securities of a like kind
and has deposited and keeps deposited with the Accountant General of the Supreme
Court the sum of £15,000 in respect of that business.
(3) Subject
to subsection (4) below, the security must consist of an undertaking by the giver
of the security to make good, subject to any conditions specified in it, any failure
by the owner of the vehicle or such other persons or classes of persons as may
be specified in the security duly to discharge any liability which may be incurred
by him or them, being a liability required under section 145 of this Act to be
covered by a policy of insurance.
(4) In
the case of liabilities arising out of the use of a motor vehicle on a road in
Great Britain the amount secured need not exceed— (a) in
the case of an undertaking relating to the use of public service vehicles (within
the meaning of the [1981 c. 14.] Public Passenger Vehicles Act 1981),
£25,000, (b) in
any other case, £5,000. |
Issue and surrender of certificates of insurance and of security.
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147.—(1) A policy
of insurance shall be of no effect for the purposes of this Part of this Act unless
and until there is delivered by the insurer to the person by whom the policy is
effected a certificate (in this Part of this Act referred to as a "certificate
of insurance") in the prescribed form and containing such particulars of any conditions
subject to which the policy is issued and of any other matters as may be prescribed.
(2) A security shall be of no effect for the
purposes of this Part of this Act unless and until there is delivered by the person
giving the security to the person to whom it is given a certificate (in this Part
of this Act referred to as a "certificate of security") in the prescribed form
and containing such particulars of any conditions subject to which the security
is issued and of any other matters as may be prescribed.
(3) Different
forms and different particulars may be prescribed for the purposes of subsection
(1) or (2) above in relation to different cases or circumstances.
(4) Where
a certificate has been delivered under this section and the policy or security
to which it relates is cancelled by mutual consent or by virtue of any provision
in the policy or security, the person to whom the certificate was delivered must,
within seven days from the taking effect of the cancellation— (a) surrender
the certificate to the person by whom the policy was issued or the security was
given, or (b) if
the certificate has been lost or destroyed, make a statutory declaration to that
effect. (5) A
person who fails to comply with subsection (4) above is guilty of an offence. |
Avoidance of certain exceptions to policies or securities.
|
148.—(1) Where a certificate
of insurance or certificate of security has been delivered under section 147 of
this Act to the person by whom a policy has been effected or to whom a security
has been given, so much of the policy or security as purports to restrict—
(a) the
insurance of the persons insured by the policy, or (b) the
operation of the security, (as
the case may be) by reference to any of the matters mentioned in subsection (2)
below shall, as respects such liabilities as are required to be covered by a policy
under section 145 of this Act, be of no effect.
(2) Those
matters are— (a) the
age or physical or mental condition of persons driving the vehicle,
(b) the
condition of the vehicle, (c) the
number of persons that the vehicle carries, (d) the
weight or physical characteristics of the goods that the vehicle carries,
(e) the
time at which or the areas within which the vehicle is used,
(f) the
horsepower or cylinder capacity or value of the vehicle, (g) the
carrying on the vehicle of any particular apparatus, or (h) the
carrying on the vehicle of any particular means of identification other than any
means of identification required to be carried by or under the [1971 c. 10.]
Vehicles (Excise) Act 1971. (3) Nothing
in subsection (1) above requires an insurer or the giver of a security to pay
any sum in respect of the liability of any person otherwise than in or towards
the discharge of that liability.
(4) Any
sum paid by an insurer or the giver of a security in or towards the discharge
of any liability of any person which is covered by the policy or security by virtue
only of subsection (1) above is recoverable by the insurer or giver of the security
from that person.
(5) A condition in a policy
or security issued or given for the purposes of this Part of this Act providing—
(a) that
no liability shall arise under the policy or security, or (b) that
any liability so arising shall cease, in
the event of some specified thing being done or omitted to be done after the happening
of the event giving rise to a claim under the policy or security, shall be of
no effect in connection with such liabilities as are required to be covered by
a policy under section 145 of this Act.
(6) Nothing
in subsection (5) above shall be taken to render void any provision in a policy
or security requiring the person insured or secured to pay to the insurer or the
giver of the security any sums which the latter may have become liable to pay
under the policy or security and which have been applied to the satisfaction of
the claims of third parties.
(7) Notwithstanding
anything in any enactment, a person issuing a policy of insurance under section
145 of this Act shall be liable to indemnify the persons or classes of persons
specified in the policy in respect of any liability which the policy purports
to cover in the case of those persons or classes of persons. |
Avoidance of certain agreements as to liability towards passengers.
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149.—(1) This section
applies where a person uses a motor vehicle in circumstances such that under section
143 of this Act there is required to be in force in relation to his use of it
such a policy of insurance or such a security in respect of third-party risks
as complies with the requirements of this Part of this Act.
(2) If
any other person is carried in or upon the vehicle while the user is so using
it, any antecedent agreement or understanding between them (whether intended to
be legally binding or not) shall be of no effect so far as it purports or might
be held— (a) to
negative or restrict any such liability of the user in respect of persons carried
in or upon the vehicle as is required by section 145 of this Act to be covered
by a policy of insurance, or (b) to
impose any conditions with respect to the enforcement of any such liability of
the user. (3) The
fact that a person so carried has willingly accepted as his the risk of negligence
on the part of the user shall not be treated as negativing any such liability
of the user.
(4) For the purposes of this
section— (a) references
to a person being carried in or upon a vehicle include references to a person
entering or getting on to, or alighting from, the vehicle, and
(b) the
reference to an antecedent agreement is to one made at any time before the liability
arose. |
Insurance or security in respect of private use of vehicle to cover use under
car-sharing arrangements.
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150.—(1) To the extent
that a policy or security issued or given for the purposes of this Part of this
Act— (a) restricts
the insurance of the persons insured by the policy or the operation of the security
(as the case may be) to use of the vehicle for specified purposes (for example,
social, domestic and pleasure purposes) of a non-commercial character, or
(b) excludes
from that insurance or the operation of the security (as the case may be)—
(i) use
of the vehicle for hire or reward, or (ii) business
or commercial use of the vehicle, or (iii) use
of the vehicle for specified purposes of a business or commercial character,
then, for the
purposes of that policy or security so far as it relates to such liabilities as
are required to be covered by a policy under section 145 of this Act, the use
of a vehicle on a journey in the course of which one or more passengers are carried
at separate fares shall, if the conditions specified in subsection (2) below are
satisfied, be treated as falling within that restriction or as not falling within
that exclusion (as the case may be). (2) The
conditions referred to in subsection (1) above are— (a) the
vehicle is not adapted to carry more than eight passengers and is not a motor
cycle, (b) the
fare or aggregate of the fares paid in respect of the journey does not exceed
the amount of the running costs of the vehicle for the journey (which for the
purposes of this paragraph shall be taken to include an appropriate amount in
respect of depreciation and general wear), and (c) the
arrangements for the payment of fares by the passenger or passengers carried at
separate fares were made before the journey began. (3) Subsections
(1) and (2) above apply however the restrictions or exclusions described in subsection
(1) are framed or worded.
(4) In subsections
(1) and (2) above "fare" and "separate fares" have the same meaning as in section
1(4) of the [1981 c. 14.] Public Passenger Vehicles Act 1981. |
Duty of insurers or persons giving security to satisfy judgment against persons
insured or secured against third-party risks.
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151.—(1) This section
applies where, after a certificate of insurance or certificate of security has
been delivered under section 147 of this Act to the person by whom a policy has
been effected or to whom a security has been given, a judgment to which this subsection
applies is obtained.
(2) Subsection (1)
above applies to judgments relating to a liability with respect to any matter
where liability with respect to that matter is required to be covered by a policy
of insurance under section 145 of this Act and either— (a) it
is a liability covered by the terms of the policy or security to which the certificate
relates, and the judgment is obtained against any person who is insured by the
policy or whose liability is covered by the security, as the case may be, or
(b) it
is a liability, other than an excluded liability, which would be so covered if
the policy insured all persons or, as the case may be, the security covered the
liability of all persons, and the judgment is obtained against any person other
than one who is insured by the policy or, as the case may be, whose liability
is covered by the security. (3) In
deciding for the purposes of subsection (2) above whether a liability is or would
be covered by the terms of a policy or security, so much of the policy or security
as purports to restrict, as the case may be, the insurance of the persons insured
by the policy or the operation of the security by reference to the holding by
the driver of the vehicle of a licence authorising him to drive it shall be treated
as of no effect.
(4) In subsection (2)(b)
above "excluded liability" means a liability in respect of the death of, or bodily
injury to, or damage to the property of any person who, at the time of the use
which gave rise to the liability, was allowing himself to be carried in or upon
the vehicle and knew or had reason to believe that the vehicle had been stolen
or unlawfully taken, not being a person who— (a) did
not know and had no reason to believe that the vehicle had been stolen or unlawfully
taken until after the commencement of his journey, and (b) could
not reasonably have been expected to have alighted from the vehicle.
In this subsection
the reference to a person being carried in or upon a vehicle includes a reference
to a person entering or getting on to, or alighting from, the vehicle.
(5) Notwithstanding
that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled,
the policy or security, he must, subject to the provisions of this section, pay
to the persons entitled to the benefit of the judgment— (a) as
regards liability in respect of death or bodily injury, any sum payable under
the judgment in respect of the liability, together with any sum which, by virtue
of any enactment relating to interest on judgments, is payable in respect of interest
on that sum, (b) as
regards liability in respect of damage to property, any sum required to be paid
under subsection (6) below, and (c) any
amount payable in respect of costs. (6) This
subsection requires— (a) where
the total of any amounts paid, payable or likely to be payable under the policy
or security in respect of damage to property caused by, or arising out of, the
accident in question does not exceed £250,000, the payment of any sum payable
under the judgment in respect of the liability, together with any sum which, by
virtue of any enactment relating to interest on judgments, is payable in respect
of interest on that sum, (b) where
that total exceeds £250,000, the payment of either— (i) such
proportion of any sum payable under the judgment in respect of the liability as
£250,000 bears to that total, together with the same proportion of any sum which,
by virtue of any enactment relating to interest on judgments, is payable in respect
of interest on that sum, or (ii) the
difference between the total of any amounts already paid under the policy or security
in respect of such damage and £250,000, together with such proportion of any sum
which, by virtue of any enactment relating to interest on judgments, is payable
in respect of interest on any sum payable under the judgment in respect of the
liability as the difference bears to that sum, whichever
is the less, unless not less than £250,000 has already been paid under the policy
or security in respect of such damage (in which case nothing is payable).
(7) Where
an insurer becomes liable under this section to pay an amount in respect of a
liability of a person who is insured by a policy or whose liability is covered
by a security, he is entitled to recover from that person— (a) that
amount, in a case where he became liable to pay it by virtue only of subsection
(3) above, or (b) in
a case where that amount exceeds the amount for which he would, apart from the
provisions of this section, be liable under the policy or security in respect
of that liability, the excess. (8) Where
an insurer becomes liable under this section to pay an amount in respect of a
liability of a person who is not insured by a policy or whose liability is not
covered by a security, he is entitled to recover the amount from that person or
from any person who— (a) is
insured by the policy, or whose liability is covered by the security, by the terms
of which the liability would be covered if the policy insured all persons or,
as the case may be, the security covered the liability of all persons, and
(b) caused
or permitted the use of the vehicle which gave rise to the liability. (9) In
this section— (a) "insurer"
includes a person giving a security, (b) "material"
means of such a nature as to influence the judgment of a prudent insurer in determining
whether he will take the risk and, if so, at what premium and on what conditions,
and (c) "liability
covered by the terms of the policy or security" means a liability which is covered
by the policy or security or which would be so covered but for the fact that the
insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy
or security. (10) In
the application of this section to Scotland, the words "by virtue of any enactment
relating to interest on judgments" in subsections (5) and (6) (in each place where
they appear) shall be omitted. |
Exceptions to section 151.
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152.—(1) No sum is
payable by an insurer under section 151 of this Act— (a) in
respect of any judgment unless, before or within seven days after the commencement
of the proceedings in which the judgment was given, the insurer had notice of
the bringing of the proceedings, or (b) in
respect of any judgment so long as execution on the judgment is stayed pending
an appeal, or (c) in
connection with any liability if, before the happening of the event which was
the cause of the death or bodily injury or damage to property giving rise to the
liability, the policy or security was cancelled by mutual consent or by virtue
of any provision contained in it, and also— (i) before
the happening of that event the certificate was surrendered to the insurer, or
the person to whom the certificate was delivered made a statutory declaration
stating that the certificate had been lost or destroyed, or (ii) after
the happening of that event, but before the expiration of a period of fourteen
days from the taking effect of the cancellation of the policy or security, the
certificate was surrendered to the insurer, or the person to whom it was delivered
made a statutory declaration stating that the certificate had been lost or destroyed,
or (iii) either
before or after the happening of that event, but within that period of fourteen
days, the insurer has commenced proceedings under this Act in respect of the failure
to surrender the certificate. (2) Subject
to subsection (3) below, no sum is payable by an insurer under section 151 of
this Act if, in an action commenced before, or within three months after, the
commencement of the proceedings in which the judgment was given, he has obtained
a declaration— (a) that,
apart from any provision contained in the policy or security, he is entitled to
avoid it on the ground that it was obtained— (i) by
the non-disclosure of a material fact, or (ii) by
a representation of fact which was false in some material particular, or
(b) if
he has avoided the policy or security on that ground, that he was entitled so
to do apart from any provision contained in it. (3) An
insurer who has obtained such a declaration as is mentioned in subsection (2)
above in an action does not by reason of that become entitled to the benefit of
that subsection as respects any judgment obtained in proceedings commenced before
the commencement of that action unless before, or within seven days after, the
commencement of that action he has given notice of it to the person who is the
plaintiff (or in Scotland pursuer) in those proceedings specifying the non-disclosure
or false representation on which he proposes to rely.
(4) A
person to whom notice of such an action is so given is entitled, if he thinks
fit, to be made a party to it. |
Bankruptcy, etc., of insured or secured persons not to affect claims by third
parties.
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153.—(1) Where, after
a certificate of insurance or certificate of security has been delivered under
section 147 of this Act to the person by whom a policy has been effected or to
whom a security has been given, any of the events mentioned in subsection (2)
below happens, the happening of that event shall, notwithstanding anything in
the [1930 c. 25.] Third Parties (Rights Against Insurers) Act 1930,
not affect any such liability of that person as is required to be covered by a
policy of insurance under section 145 of this Act.
(2) In
the case of the person by whom the policy was effected or to whom the security
was given, the events referred to in subsection (1) above are— (a) that
he becomes bankrupt or makes a composition or arrangement with his creditors or
that his estate is sequestrated or he grants a trust deed for his creditors,
(b) that
he dies and— (i) his
estate falls to be administered in accordance with an order under section 421
of the [1986 c. 45.] Insolvency Act 1986, (ii) an
award of sequestration of his estate is made, or (iii) a
judicial factor is appointed to administer his estate under section 11A of the
[1889 c. 39.] Judicial Factors (Scotland) Act 1889,
(c) that
if that person is a company— (i) a
winding-up order or an administration order is made with respect to the company,
(ii) a
resolution for a voluntary winding-up is passed with respect to the company,
(iii) a
receiver or manager of the company's business or undertaking is duly appointed,
or (iv) possession
is taken, by or on behalf of the holders of any debentures secured by a floating
charge, of any property comprised in or subject to the charge. (3) Nothing
in subsection (1) above affects any rights conferred by the Third Parties (Rights
Against Insurers) Act 1930 on the person to whom the liability was incurred, being
rights so conferred against the person by whom the policy was issued or the security
was given. |
Duty to give information as to insurance or security where claim made.
|
154.—(1) A person
against whom a claim is made in respect of any such liability as is required to
be covered by a policy of insurance under section 145 of this Act must, on demand
by or on behalf of the person making the claim— (a) state
whether or not, in respect of that liability— (i) he
was insured by a policy having effect for the purposes of this Part of this Act
or had in force a security having effect for those purposes, or
(ii) he
would have been so insured or would have had in force such a security if the insurer
or, as the case may be, the giver of the security had not avoided or cancelled
the policy or security, and (b) if
he was or would have been so insured, or had or would have had in force such a
security— (i) give
such particulars with respect to that policy or security as were specified in
any certificate of insurance or security delivered in respect of that policy or
security, as the case may be, under section 147 of this Act, or
(ii) where
no such certificate was delivered under that section, give the following particulars,
that is to say, the registration mark or other identifying particulars of the
vehicle concerned, the number or other identifying particulars of the insurance
policy issued in respect of the vehicle, the name of the insurer and the period
of the insurance cover. (2) If
without reasonable excuse, a person fails to comply with the provisions of subsection
(1) above, or wilfully makes a false statement in reply to any such demand as
is referred to in that subsection, he is guilty of an offence. |
Deposits.
|
155.—(1) Where a person
has deposited a sum with the Accountant General of the Supreme Court under section
144 or 146 of this Act, then, so long as any liabilities incurred by him, being
such liabilities as are required to be covered by a policy of insurance under
section 145 of this Act, have not been discharged or otherwise provided for, no
part of that sum shall be applicable in discharge of any other liabilities incurred
by him.
(2) Any regulations made, or having
effect as if made, by the Secretary of State or the Board of Trade under section
20 of the [1958 c. 72.] Insurance Companies Act 1958 which apply to
deposits made by insurers carrying on motor vehicle insurance business shall,
with such necessary modifications and adaptations as, after consultation with
the Lord Chancellor, may be prescribed, apply to deposits made with the Accountant
General under section 144 or 146 of this Act.
(3) Such
provision as might be made by the Secretary of State or the Board of Trade under
section 20 of the Insurance Companies Act 1958 with respect to deposits under
that Act may, after consultation with the Lord Chancellor, be made by regulations
with respect to deposits made with the Accountant General under section 144 or
146 of this Act. |
Power to require evidence of insurance or security on application for vehicle
excise licence.
|
156. Provision
may be made by regulations under section 37 of the [1971 c. 10.] Vehicles
(Excise) Act 1971 for requiring a person applying for a licence under that Act
in respect of a motor vehicle to produce such evidence as may be prescribed that
either— (a) on
the date when the licence comes into operation there will be in force the necessary
policy of insurance or the necessary security in relation to the use of the vehicle
by the applicant or by other persons on his order or with his permission, or
(b) the
vehicle is a vehicle to which section 143 of this Act does not apply at a time
when it is being driven under the owner's control.
| | |
Payments
for treatment of traffic casualties |
Payment for hospital treatment of traffic casualties.
|
157.—(1) Subject to
subsection (2) below, where— (a) a
payment, other than a payment under section 158 of this Act, is made (whether
or not with an admission of liability) in respect of the death of, or bodily injury
to, any person arising out of the use of a motor vehicle on a road or in a place
to which the public have a right of access, and (b) the
payment is made— (i) by
an authorised insurer, the payment being made under or in consequence of a policy
issued under section 145 of this Act, or (ii) by
the owner of a vehicle in relation to the use of which a security under this Part
of this Act is in force, or (iii) by
the owner of a vehicle who has made a deposit under this Part of this Act, and
(c) the
person who has so died or been bodily injured has to the knowledge of the insurer
or owner, as the case may be, received treatment at a hospital, whether as an
in-patient or as an out-patient, in respect of the injury so arising, the
insurer or owner must pay the expenses reasonably incurred by the hospital in
affording the treatment, after deducting from the expenses any moneys actually
received in payment of a specific charge for the treatment, not being moneys received
under any contributory scheme.
(2) The amount
to be paid shall not exceed £2,000.37 for each person treated as an in-patient
or £200.04 for each person treated as an out-patient.
(3) For
the purposes of this section "expenses reasonably incurred" means—
(a) in
relation to a person who receives treatment at a hospital as an in-patient, an
amount for each day he is maintained in the hospital representing the average
daily cost, for each in-patient, of the maintenance of the hospital and the staff
of the hospital and the maintenance and treatment of the in-patients in the hospital,
and (b) in
relation to a person who receives treatment at a hospital as an out-patient, reasonable
expenses actually incurred. |
Payment for emergency treatment of traffic casualties.
|
158.—(1) Subsection
(2) below applies where— (a) medical
or surgical treatment or examination is immediately required as a result of bodily
injury (including fatal injury) to a person caused by, or arising out of, the
use of a motor vehicle on a road, and (b) the
treatment or examination so required (in this Part of this Act referred to as
"emergency treatment" ) is effected by a legally qualified medical practitioner.
(2) The
person who was using the vehicle at the time of the event out of which the bodily
injury arose must, on a claim being made in accordance with the provisions of
section 159 of this Act, pay to the practitioner (or, where emergency treatment
is effected by more than one practitioner, to the practitioner by whom it is first
effected)— (a) a
fee of £15.00 in respect of each person in whose case the emergency treatment
is effected by him, and (b) a
sum, in respect of any distance in excess of two miles which he must cover in
order— (i) to
proceed from the place from which he is summoned to the place where the emergency
treatment is carried out by him, and (ii) to
return to the first mentioned place, equal
to 29 pence for every complete mile and additional part of a mile of that distance.
(3) Where
emergency treatment is first effected in a hospital, the provisions of subsections
(1) and (2) above with respect to payment of a fee shall, so far as applicable,
but subject (as regards the recipient of a payment) to the provisions of section
159 of this Act, have effect with the substitution of references to the hospital
for references to a legally qualified medical practitioner.
(4) Liability
incurred under this section by the person using a vehicle shall, where the event
out of which it arose was caused by the wrongful act of another person, be treated
for the purposes of any claim to recover damage by reason of that wrongful act
as damage sustained by the person using the vehicle. |
Supplementary provisions as to payments for treatment.
|
159.—(1) A payment
falling to be made under section 157 or 158 of this Act in respect of treatment
in a hospital must be made— (a) in
England and Wales, in the case of a hospital vested in the Secretary of State
for the purposes of the [1977 c. 49.] National Health Service Act
1977, to the Area Health Authority, District Health Authority or special health
authority responsible for the administration of the hospital or the Secretary
of State if no such authority is so responsible, (b) in
Scotland, in the case of a hospital vested in the Secretary of State, to the Secretary
of State or on his behalf to any Health Board authorised by him for the purpose,
and (c) in
the case of any other hospital, to the hospital. (2) A
claim for a payment under section 158 of this Act may be made at the time when
the emergency treatment is effected, by oral request to the person who was using
the vehicle, and if not so made must be made by request in writing served on him
within seven days from the day on which the emergency treatment was effected.
(3) Any such request in writing—
(a) must
be signed by the claimant or, in the case of a hospital, by an executive officer
of the Authority (in Scotland, Board) or hospital claiming the payment or by an
officer of the Secretary of State, (b) must
state the name and address of the claimant, the circumstances in which the emergency
treatment was effected, and that it was first effected by the claimant or, in
the case of a hospital, in the hospital, and (c) may
be served by delivering it to the person who was using the vehicle or by sending
it in a prepaid registered letter, or the recorded delivery service, addressed
to him at his usual or last known address. (4) A
payment made under section 158 of this Act shall operate as a discharge, to the
extent of the amount paid, of any liability of the person who was using the vehicle,
or of any other person, to pay any sum in respect of the expenses or remuneration
of the practitioner or hospital concerned of or for effecting the emergency treatment.
(5) A chief officer of police must, if so requested
by a person who alleges that he is entitled to claim a payment under section 158
of this Act, provide that person with any information at the disposal of the chief
officer— (a) as
to the identification marks of any motor vehicle which that person alleges to
be a vehicle out of the use of which the bodily injury arose, and
(b) as
to the identity and address of the person who was using the vehicle at the time
of the event out of which it arose.
| | |
General
|
Regulations.
|
160.—(1) The Secretary
of State may make regulations for any purpose for which regulations may be made
under this Part of this Act and for prescribing anything which may be prescribed
under this Part of this Act and generally for the purpose of carrying this Part
of this Act into effect. In
this Part of this Act "regulations" means regulations under this section and "prescribed"
means prescribed by regulations.
(2) In particular, but without prejudice to
the generality of subsection (1) above, the regulations may make provision—
(a) as
to forms to be used for the purposes of this Part of this Act,
(b) as
to applications for and the issue of certificates of insurance and certificates
of security and any other documents which may be prescribed, and as to the keeping
of records of documents and the providing of particulars of them or the giving
of information with respect to them to the Secretary of State or a chief officer
of police, (c) as
to the issue of copies of any such certificates or other documents which are lost
or destroyed, (d) as
to the custody, production, cancellation and surrender of any such certificates
or other documents, and (e) for
providing that any provisions of this Part of this Act shall, in relation to vehicles
brought into Great Britain by persons making only a temporary stay in Great Britain,
have effect subject to such modifications and adaptations as may be prescribed.
|
Interpretation.
|
161.—(1) In this Part
of this Act— "hospital"
means an institution, not being an institution carried on for profit, which provides
medical or surgical treatment for in-patients, "policy
of insurance" includes a covering note, "salvage"
means the preservation of a vessel which is wrecked, stranded or in distress,
or the lives of persons belonging to, or the cargo or apparel of, such a vessel,
and "under
the owner's control" means, in relation to a vehicle, that it is being driven
by the owner or by a servant of the owner in the course of his employment or is
otherwise subject to the control of the owner. (2) In
any provision of this Part of this Act relating to the surrender, or the loss
or destruction, of a certificate of insurance or certificate of security, references
to such a certificate— (a) shall,
in relation to policies or securities under which more than one certificate is
issued, be construed as references to all certificates, and (b) shall,
where any copy has been issued of any certificate, be construed as including a
reference to that copy. (3) In
this Part of this Act, any reference to an accident includes a reference to two
or more causally related accidents. |
Index to Part VI.
|
162. The
expressions listed in the left-hand column below are respectively defined or (as
the case may be) fall to be construed in accordance with the provisions of this
Part of this Act listed in the right-hand column in relation to those expressions.
| Expression
| Relevant
provision | | Accident | Section
161(3) | | Authorised
insurer | Section
145(2) | | Certificate
of insurance | Sections
147(1) and 161(2) | | Certificate
of security | Sections
147(2) and 161(2) | | Hospital | Section
161(1) | | Policy
of insurance | Section
161(1) | | Prescribed | Section
160(1) | | Regulations | Section
160(1) | | Salvage | Section
161(1) | | Under
the owner's control | Section
161(1) |
| |
