The National Health Service (Existing Liabilities Scheme) (Amendment) Regulations 1997

• Citation: S.I. 1997/526
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Existing Liabilities Scheme) (Amendment) Regulations 1997 and shall come into force on 21st March 1997.

(2) In these Regulations, “the principal Regulations ” means the National Health Service (Existing Liabilities Scheme) Regulations 1996 .

Section 2 Amendment of regulation 1 of the principal Regulations

In regulation 1(2) of the principal Regulations (interpretation), for the definition of “relevant function” there shall be substituted the following:—

“relevant function” means the function of providing services in England for the purposes of the National Health Service Act 1977 or by virtue of section7 of the Health and Medicines Act 1988 or under paragraph 14 or 15 of Schedule 2 to the Act;

Section 3 Amendment of regulation 6 of the principal Regulations

In regulation 6 of the principal Regulations (payments under the Scheme)—

(a) in paragraph (1), for the words “a qualifying liability falls to be met by any eligible body” there shall be substituted the words “a payment falls to be made by any eligible body in connection with a claim in respect of a qualifying liability,”;

(b) in paragraph (2) for sub-paragraph (c) there shall be substituted the following sub-paragraphs:—

(c) any payment which falls to be made by an eligible body in consequence of that body having agreed, without the prior consent in writing of the Secretary of State, to be bound by the determination of any person or body as to the making of a payment by that eligible body in respect of a qualifying liability; or

(d) any payment, other than one to which sub-paragraph (c) above applies, which the eligible body has agreed to make otherwise than in the course of legal proceedings, or in consequence of that body having compromised legal proceedings, without the prior consent in writing of the Secretary of State.

(c) in paragraph (3) for sub-paragraph (d) there shall be substituted the following sub-paragraphs:—

(d) where, otherwise than in the course of legal proceedings—

(i) an eligible body has agreed to make a payment in settlement of a claim, the amount of that payment,

(ii) an eligible body has agreed to make any contribution towards legal or associated costs incurred by a person in connection with that person’s claim against the eligible body in respect of a qualifying liability, the amount of that contribution,

and the amount of any legal or associated costs incurred by the eligible body in connection with the claim; or

(e) where an eligible body has agreed to be bound by the determination of any person or body as to the making of a payment by the eligible body in respect of a qualifying liability, the amount of the payment and the amount of any legal or associated costs incurred by either party in connection with the claim.