The National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/756 |
(1) These Regulations may be cited as the National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018.(2) These Regulations come into force on 1st August 2018.(3) These Regulations apply to England only.In these Regulations— (1) The Liabilities to Third Parties Scheme (“the Scheme”) (2) An eligible body may participate in the Scheme only if it is a member of the Scheme.(3) The Secretary of State is to continue to administer the Scheme.the BoardF3an integrated care board,an NHS Trust,a Special Health Authority,NICEthe Health and Social Care Information Centre,Health Education England,an NHS foundation trust,the Care Quality Commission,the Health Research Authority, anda company formed under section 223 of the 2006 Act and wholly owned by the Secretary of State.(A1) Every integrated care board is a member of the Scheme from the beginning of 1st July 2022 (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State) ) .(1) Any eligible body may apply to the Secretary of State to become a member of the Scheme.be in writing;be made in such form and submitted in such manner as the Secretary of State may require;specify a date on which the eligible body proposes that its membership should start; andif required by the Secretary of State, contain, or be accompanied by the information specified in paragraph (4) .(3) At any time before determining an application, the Secretary of State may in writing require the applicant to provide such further information as the Secretary of State considers necessary for the purposes of that determination.the nature of the applicant’s relevant functions;the number of employees of the applicant who are engaged in the performance by the applicant of any relevant function specified by the Secretary of State, or any part of such a function;the qualifications and experience of such employees; andthe details of any claim made against the applicant in respect of any qualifying liability arising from loss, damage or injury sustained by third parties as a result of the exercise by the applicant of any relevant function.within six weeks of receiving an application made in accordance with requirements under paragraph (1) , determine whether or not to grant it; andas soon as reasonably practicable, inform the applicant of the determination by a notice in writing which, if the application is granted, must specify the date on which the applicant’s membership is to start.the information provided by the applicant; andsuch other factors as the Secretary of State considers relevant.(7) Where an eligible body’s application is granted, the body’s membership of the Scheme starts on the date specified in the notice under paragraph (5) (b) .(1) This regulation applies only in relation to a member which has been a member of the Scheme for at least three consecutive membership years.(2) The member may cancel its membership of the Scheme by giving the Secretary of State notice in writing of the cancellation.is given before 1st September in a membership year, the notice takes effect at the end of that membership year;is given on or after 1st September in a membership year, the notice takes effect at the end of the following membership year.(1) The Secretary of State may cancel a member’s membership of the Scheme where any of paragraphs (2) to (4) apply.(2) This paragraph applies where the member is liable to make a payment to the Secretary of State under regulation 11 (duty of members to make contributions
- “the 1999 Regulations” means the National Health Service (Liabilities to Third Parties Scheme) Regulations 1999
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