The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 1997

• Citation: S.I. 1997/527
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the National Health Service (Clinical Negligence 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 (Clinical Negligence 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 section 7 of the Health and Medicines Act 1988 or under paragraph 14 or 15 of Schedule 2 to the Act;

Section 3 Amendment of regulation 3 of the principal Regulations

In regulation 3(1) of the principal Regulations (eligible bodies) the words from “whose functions” to the end of the paragraph shall be omitted.

Section 4 Amendment of regulation 9 of the principal Regulations

In regulation 9 of the principal Regulations (payments under the Scheme)—

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

(b) in paragraph (2)(d)—

(i) after head (ii) there shall be inserted the following new head:—

(iia) any payment which falls to be made by a member in consequence of that member 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 member in respect of a qualifying liability,

(ii) in head (iii), after the word “payment” there shall be inserted the words “, other than one to which head (iia) above applies,”;

(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) a member has agreed to make a payment in settlement of a claim, the amount of that payment,

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

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

(e) where a member has agreed to be bound by the determination of any person or body as to the making of a payment by that member 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.