Paragraph 2 Amendment of the National Health Service (Personal Medical Services Agreements) Regulations 2004

in paragraph 113(1), for “hold adequate insurance against liability arising from negligent performance of clinical services under the agreement”, substitute “have in force in relation to it an indemnity arrangement which provides appropriate cover”;

in paragraph 113(2),for “holds adequate insurance arising from negligent performance of such services”, substitute “has in force in relation to it an indemnity arrangement which provides appropriate cover”;

in paragraph 113(3)(a), for ““insurance” means”, substitute ““indemnity arrangement” means”;

in paragraph 113(3)(a), after paragraph (a) (but before the following “and”) insert—

“(aa)

“appropriate cover” means cover against liabilities that may be incurred by the contractor in the performance of clinical services under the contract, which is appropriate, having regard to the nature and extent of the risks in the performance of such services;”;

in paragraph 113(3)(b), for “holding insurance if it is held by”, substitute “having in force in relation to it an indemnity arrangement if there is an indemnity arrangement in force in relation to ”; and

in paragraph 114(1) for “the insurance”, substitute “an indemnity arrangement”

in paragraph 114(2) for “insurance”, substitute “indemnity arrangement”.