The National Health Service (Clinical Negligence Scheme) Amendment Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/497 |
| Year | 2013 |
2013 No. 497
National Health Service, England
The National Health Service (Clinical Negligence Scheme) Amendment Regulations 2013
Made 6th March 2013
Laid before Parliament 11th March 2013
Coming into force 1st April 2013
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 20061.
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 2013 and come into force on 1st April 2013.
(2) These Regulations apply to England only.
(3) In these Regulations “the principal Regulations” means the National Health Service (Clinical Negligence Scheme) Regulations 19962.
Amendment of regulation 1 of the principal Regulations
2.—(1) Regulation 1 of the principal Regulations (citation, commencement and interpretation) is amended as follows.
(2) In paragraph (2)—
(a)
(a) prior to the definition of “the Act”, insert—
““the 2006 Act” means the National Health Service Act 2006;”;
(b)
(b) after the definition of “the Act”, insert—
““CCG” means a clinical commissioning group;”;
(c)
(c) after the definition of “an eligible body”, insert—
““first contracting party” means an NHS trust, an NHS foundation trust, a local authority or another body which provides relevant health services, the provision of which is the subject of an arrangement made between it and the Board, a CCG or a Special Health Authority;
“insolvency” has the same meaning as in section 247(1) of the Insolvency Act 1986(“insolvency” and “go into liquidation”)3;”;
(d)
(d) after the definition of “preceding year”, insert—
““primary care services” means health services provided under a contract, arrangement or agreement made under or by virtue of the following sections of the 2006 Act—
(a) section 83(2) (arrangements by the Board for the provision of primary medical services);
(b) section 84(1) (general medical services contracts);
(c) section 92 (other arrangements for primary medical services);
(d) section 100(1) (general dental services contracts);
(e) section 107(1) (other arrangements for the provision of primary dental services);
(f) section 115(4) (power of the Board to make arrangements for the provision of primary ophthalmic services);
(g) section 117(1) (general ophthalmic services contracts);
(h) section 126(1) (pharmaceutical services);
(i) section 127(1) (additional pharmaceutical services);
(j) section 134 (pilot schemes); or
(k) Schedule 12 (local pharmaceutical services schemes);
“primary provider body” means a body described in sub-paragraph (i) of regulation 3(1);”;
(e)
(e) for the definition of “relevant function”, substitute—
““relevant function” means the function of arranging for the provision of, or providing, services for the purposes of the health service;”;
(f)
(f) after the definition of “relevant function”, insert—
““relevant health services” means health services provided in England for the purposes of the health service, except primary care services;”; and
(g)
(g) after the definition of “the Scheme”, insert—
““sub-provider body” means a body described in sub-paragraph (j) of regulation 3(1);”.
Amendment of regulation 3 of the principal Regulations
3.—(1) Regulation 3 of the principal Regulations (eligible bodies) is amended as follows.
(2) In paragraph (1)—
(a)
(a) omit sub-paragraphs (b) and (d); and
(b)
(b) after sub-paragraph (e), insert the following sub-paragraphs—
“(f)
“(f) NICE4;
(g)
(g) the Health and Social Care Information Centre5;
(h)
(h) a local authority which provides, or arranges the provision of, relevant health services, the provision of which is the subject of an arrangement made with the Secretary of State, the Board, a CCG, a Special Health Authority, an NHS trust or an NHS foundation trust;
(i)
(i) a body (A) (other than a body mentioned in sub-paragraphs (a) to (h)) which provides relevant health services, the provision of which is the subject of a direct arrangement made between it and the Board, a CCG or a Special Health Authority;
(j)
(j) where paragraph (3) applies, a body (B) (other than a body mentioned in sub-paragraphs (a) to (h)) which provides relevant health services, the provision of which is the subject of an arrangement as mentioned in sub-paragraph (i) and a further arrangement between A and B;
(k)
(k) where paragraph (4) applies, a body (C) (other than a body mentioned in sub-paragraphs (a) to (h)) which provides relevant health services, the provision of which is the subject of an arrangement as mentioned in sub-paragraph (i), a further arrangement between A and B as mentioned in sub-paragraph (j), and then a further arrangement between B and C; or
(l)
(l) a person who—
(i) immediately before 1st April 2013, is a person specified in paragraph (6) of regulation 4; and
(ii) continues to provide the services referred to in paragraph (6)(a) of regulation 4,
as that regulation appeared prior to these Regulations coming into force.”.
(3) After paragraph (2), insert the following paragraphs—
“3 This paragraph applies where the primary provider body with which the sub-provider body has made a further arrangement as set out in paragraph (1)(j) is not itself a member of the Scheme (that is, B is only eligible to be a member of the Scheme if A, in respect of the arrangements in question, is not a member).
4 This paragraph applies where neither the primary provider body nor the sub-provider body with which arrangements are made as mentioned in paragraph (1)(k) are themselves members of the Scheme (that is, C is only eligible to be a member of the Scheme if A and B, in respect of the arrangements in question, are not members).”.
Amendment of regulation 4 of the principal Regulations
4. In regulation 4 of the principal Regulations (liabilities to which the Scheme applies)—
(a) after paragraph (1), insert—
“1A But where the member is a body mentioned in regulation 3(1)(i), (j) or (k), the Scheme only applies if the liability is in consequence of the arrangements by means of which the body is eligible to be a member.”;
(b) in paragraph (3), for “person” substitute “body”; and
(c) for paragraphs (5) to (9), substitute the following—
“5 The act or omission referred to in paragraph (4) is an act or omission to act in connection with the provision of services for the purposes of the health...
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