The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2014

JurisdictionEngland & Wales
CitationSI 2014/933

2014No. 933

NATIONAL HEALTH SERVICE, ENGLAND

The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2014

3rdApril2014

9thApril2014

1stMay2014

The Secretary of State for Health makes these Regulations in exercise of the powers conferred by sections 71 and 272(7) and (8) of the National Health Service Act 2006( 1).

These Regulations are made with the consent of the Treasury in accordance with section 71(1) of that Act.

Citation, commencement, application and interpretation

1. (1) These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2014 and come into force on 1st May 2014.

(2) These Regulations apply to England only.

(3) In these Regulations "the Principal Regulations" means the National Health Service (Clinical Negligence Scheme) Regulations 1996( 2).

Amendment of regulation 1 of the Principal Regulations

2. In Regulation 1 (citation, commencement and interpretation) of the Principal Regulations, in paragraph (2)-

(a) after the definition of "the 2006 Act" insert-

""the 2012 Act" means the Health and Social Care Act 2012;"( 3);

(b) for the definition of "relevant function", substitute-

""relevant function" means-

(a) arranging for the provision of, or providing services for the purposes of, or exercising functions in relation to, the health service;(b) exercising powers under, or by virtue of, section 7 of the Health and Medicines Act 1988( 4);(c) exercising powers under section 13W, 14Z5, 43(3) or 44 of, or paragraphs 19 and 20 of Schedule 4 to, the 2006 Act( 5);(d) exercising powers under section 243 or 270 of the 2012 Act;(e) exercising powers by virtue of section 240(1)(a) or (b) of the 2012 Act;".

Amendment of regulation 3 of the Principal Regulations

3. In Regulation 3(1) (eligible bodies) of the Principal Regulations, omit sub-paragraph (e)( 6).

Amendment of regulation 4 of the Principal Regulations

4. In Regulation 4 (liabilities to which the Scheme applies) of the Principal Regulations, after paragraph (1A) insert-

"(1B) For the purposes of paragraph (1) (and with effect from 1st May 2014), tortious liability owed by a member, arising on or after 1st March 1996 and before 1st May 2014 and which-(a) before 1st May 2014 was not tortious liability arising in connection with a relevant function of that member; but(b) would have been tortious liability owed by a member arising in connection with a relevant function of that member,...

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