The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/102 |
2015No. 102
NATIONAL HEALTH SERVICE
The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2015
3rdMarch2015
5thMarch2015
3rdApril2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 85B and 105(7) of the National Health Service (Scotland) Act 1978( 1) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Amendment Regulations 2015 and come into force on 3rd April 2015.
Amendment of the National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000
2.-(1) The National Health Service (Clinical Negligence and Other Risks Indemnity Scheme) (Scotland) Regulations 2000( 2) are amended as follows.
(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2)-
(a) after the definition of "the Act", insert-""applicant" means a body which makes an application under regulation 3A;
"enactment" includes an Act of the Scottish Parliament and an instrument made under an Act of the Scottish Parliament;";
(b) after the definition of "following year", insert-""integration joint board" means an integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014( 3);";
(c) in the definition of "member", after "3", insert "or 3A(2)";(d) for the definition of "relevant function", substitute-""relevant function"-
(a) in the case of a Health Board means-(i) a function providing services in Scotland for the purposes of the Act;(ii) the power, conferred by section 7(2)(d) of the Health and Medicines Act 1988( 4), to supply services to any person and to provide new services, to the extent that it is exercised for the purpose of providing forensic services in Scotland; and(iii) a function which is an integration function within the meaning given by section 85B(2D)( 5) of the Act, subject to the modification that references to "the authority" are to be read as references to the Health Board (b) in the case of an integration joint board means-(i) a function conferred on the integration joint board by an enactment; and(ii) a function delegated to the integration joint board by virtue of an integration scheme prepared in pursuance of section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014;(c) in the case of a local authority means a function which is an integration function within the meaning given by section 85B(2D) of the Act; and(d) in the case of any other member a function providing services in Scotland for the purposes of the Act".(3) After regulation 3 (members of the scheme) insert-
"Applications by eligible bodies to be members of the Scheme
3A.
-(1) A body described in paragraph (2) may make an application to be a member of the Scheme ("an application") in writing to the Scottish Ministers.(2) The bodies are-(a) an integration joint board;(b) a local authority.(3) An application must include information on-(a) the nature of the applicant's relevant functions;(b) the number of employees of the applicant who are engaged in its performance of a relevant function, and the qualifications and experience of those employees; and(c) the nature and extent of any claims made against the applicant in the past 5 years (or, where the applicant has performed a relevant function for a period which is shorter than 5 years, that shorter period) in respect of personal injuries sustained by third parties as a result of the carrying out of any relevant function.(4) In the case of an applicant which is an integration joint board, the reference to "employees" in paragraph (3)(b) includes the chief officer of the integration joint board.(5) The Scottish Ministers may require an applicant to provide...To continue reading
Request your trial