Motor Traffic (Third-Party Insurance) (Amendment No. 12) (Jersey) Law 2012

A LAW to amend further the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948

Adopted by the States                                           2nd November 2011

Sanctioned by Order of Her Majesty in Council         11th April 2012

Registered by the Royal Court                                     27th April 2012

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Interpretation

In this Law “principal Law” means the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948[1].

2        Article 3 amended

In Article 3 of the principal Law –

(a)     in paragraph (2), for all of the words following the words “there shall also be paid by the authorized insurer or such owner to such hospital” there shall be substituted the words “the expenses described in paragraph (2A)”;

(b)     after paragraph (2) there shall be inserted the following paragraphs –

“(2A) Subject to paragraphs (2B) and (2C), the expenses to be paid by the authorized insurer or owner to the hospital are –

(a)     the expenses reasonably incurred by the hospital in treating the person for bodily injury arising out of the use of the motor vehicle on the road; and

(b)     the expenses (if any) reasonably incurred by the hospital in transporting the person, by ambulance, to the hospital for such treatment,

after deducting from such expenses any moneys actually received by the hospital in payment of a specific charge for such treatment, not being moneys received by the hospital under any contributory scheme.

(2B)   The Minister for Health and Social Services, after consultation with the Minister for Transport and Technical Services, may by Order prescribe limits on the amounts of expenses to be paid in respect of a person who dies or is bodily injured, being –

(a)     a maximum amount of expenses for each day, or part of a day, that the person is an in-patient;

(b)     a maximum amount of expenses for treatment of the person as an out-patient;

(c)     a maximum amount of expenses for transportation of the person, by ambulance, to a hospital; and

(d)     a maximum amount for the aggregate of the expenses referred to in sub-paragraphs (a) to (c).

(2C)   Until the Minister for Health and Social Services first makes an Order under paragraph (2B) –

(a)     the maximum amount to be paid for each person treated as an in-patient shall be £2,000.37; and

(b)     the maximum amount to be paid for each person treated as an out-patient shall be £200.04.”.

(c)     in paragraph (3) for the words “paragraph (2),”, in each place that they appear, there shall be substituted the words “this Article,”;

(d)     after paragraph (3) there shall be added the following paragraph –

“(4)    The States may by Regulations –

(a)     impose a requirement for an authorized insurer or an owner described in paragraph (2)(b) to notify the Minister for Health and Social Services of a claim for a payment described in paragraph (2), and specify the information to be contained in the notice and the time by which the notice must be given;

(b)     specify expenses or, in the case of the expenses of treating a person as an in-patient, days, that are to be disregarded in determining an amount to be paid to a hospital under paragraph (2);

(c)     entitle or require a person to apply, in such manner and within such period as may be specified, to the Minister for Health and Social Services for a certificate of the amount of expenses that the person is liable to pay to a hospital under paragraph (2);

(d)     provide for a proportionate reduction in the amount of the expenses that an authorized insurer or an owner described in paragraph (2)(b) is required to pay to a hospital under that paragraph where the death or bodily injury of a person arising out of the use of a motor vehicle on a road is attributable to the negligence of more than one person;

(e)     require the Minister for Health and Social Services, on an application for a certificate described in sub-paragraph (c), to issue a certificate containing such information as is specified;

(f)      establish procedures for the recovery of expenses due to a hospital under paragraph (2), including provision for a demand for payment issued in accordance with such procedures to be enforceable as if it were an order of a court in Jersey;

(g)     confer a right, in specified circumstances, for an authorized insurer or an owner described in paragraph (2)(b) to request a review of a certificate issued by the Minister for Health and Social Services;

(h)     require the Minister for Health and Social Services to review a certificate upon a request made pursuant to a right conferred under sub-paragraph (g);

(i)      confer a right for the Minister for Health and Social Services to review a certificate on his or her own motion;

(j)      empower the Minister for Health and Social Services, on a review of a certificate, to confirm, vary or revoke it;

(k)     confer a right of appeal to the Royal Court against a certificate on specified grounds and specify the time within which an appeal must be brought;

(l)      require specified persons to provide such information to the Minister for Health and Social Services as may be specified concerning the use of a motor vehicle on a road that has given rise to the death of or bodily injury to a person; and

(m)    empower the Minister for Health and Social Services to appoint a person to discharge all or any of the Minister’s functions under the Regulations and provide that, where such a person is appointed, all or any of the references in the Regulations to the Minister for Health and Social Services are to be construed as a reference to the person so appointed.”.

3        Article 13 amended and saving

(1)     In Article 13(1) of the principal Law for the words “such fee as the States may by Regulations prescribe” there shall be substituted the words “such fee as the Minister for Health and Social Services prescribes by Order”.

(2)     Regulations made under Article 13(1) of the principal Law that are in force immediately before this Law comes into force shall remain in force until the first Order made under Article 13(1) as amended by this Law comes into force, and shall then expire.

4        Article 19 amended

In Article 19(1) of the principal Law after the words “any provision of” there shall be inserted the words “Regulations made by the States or”.

5        Article 21 amended

In Article 21 of the principal Law for the words “or any Order made under the Law” there shall be substituted the words “or any Regulations or Order made under this Law”.

6        Citation and commencement

This Law may be cited as the Motor Traffic (Third-Party Insurance) (Amendment No. 12) (Jersey) Law 2012 and shall come into force 7 days after it is registered.

a.h. harris

Deputy Greffier of the States

 


 



[1]                                    chapter 25.250


Page Last Updated: 27 Apr 2016