The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2006

• Citation: S.I. 2006/2390
• Sections: 3

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2006 and shall come into force on [1st October] 2006.

(2) These Regulations apply in relation to England only.

(3) In these Regulations, “the CNST Regulations ” means the National Health Service (Clinical Negligence Scheme) Regulations 1996 .

Section 2 Amendment of regulation 4 of the CNST Regulations

In regulation 4 (liabilities to which the Scheme applies) of the CNST Regulations, at the end add—

(3) The Scheme also applies to any liability in tort under the law of England and Wales owed to a third party by a person specified in paragraph (6) (“X”) in respect of or consequent upon personal injury or loss as specified in paragraph (4).

(4) The personal injury or loss referred to in paragraph (3) is personal injury or loss arising out of or in connection with any breach of a duty of care owed by X to any person, in consequence of any act or omission to act specified in paragraph (5), in connection with—

(a) the diagnosis of any illness; or

(b) the care or treatment of any patient.

(5) The act or omission referred to in paragraph (4) is an act or omission to act in connection with the provision of services under the 1977 Act on the part of—

(a) X; or

(b) a person employed or engaged by X.

(6) Subject to paragraph (7), the person referred to in paragraph (3) is a person—

(a) engaged by a Primary Care Trust to provide services under the 1977 Act which, immediately before that engagement, the Primary Care Trust was providing itself; and

(b) which has satisfied the Secretary of State that, were it a body falling within regulation 3 (eligible bodies), it would meet the requirements to be admitted as a member of the Scheme.

(7) Paragraph (6) does not apply in the case of primary medical or dental services which, immediately before the engagement referred to in that paragraph, the Primary Care Trust was providing under section 16CA(2) (primary dental services), 16CC(2)(a) (primary medical services) or 28C (personal medical or dental services) of the 1977 Act.

(8) For the purposes of the Scheme and these Regulations, the liabilities of a Primary Care Trust shall be taken to include the liabilities referred to in paragraph (3) of a person referred to in paragraph (6) whom that Primary Care Trust has engaged to provide services and references in these regulations to the liabilities of a member or eligible body shall be construed accordingly.

(9) In this regulation, “the 1977 Act” means the National Health Service Act 1977.

Section 3 Amendment of regulation 9 of the CNST Regulations

In regulation 9 (payments under the Scheme) of the CNST Regulations, at the end add—

(5) In this regulation, any references to—

(a) payments made or falling to be made or sums payable by, to or on behalf of a member;

(b) claims made against or falling to be met by a member;

(c) proceedings conducted by a member;

(d) admissions, agreements or compromises made by a member;

(e) compliance by a member with conditions imposed by the Secretary of State;

(f) the award of damages against a member;

(g) legal and associated costs incurred by or on behalf of a member;

(h) the contribution of a member towards legal costs; or

(i) a decision by a member to make a payment into court,

shall, in appropriate cases, be construed as including a reference to all such matters in respect of a person referred to in regulation 4(6).