{
  "url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-3",
  "json_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025/regulation-3.json",
  "legislation": "ukdsi/2025/9780348268843",
  "legislation_title": "The Infected Blood Compensation Scheme Regulations 2025",
  "legislation_url": "https://openlegislation.uk/draft-infected-blood-compensation-scheme-regulations-2025",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Meaning of “eligible infected person”",
  "text": "(1) For the purposes of these Regulations, a person is an eligible infected person where paragraph (2), (6), (7) or (8) applies to that person, whether or not that person is deceased.\n(2) Subject to paragraph (5), this paragraph applies to a person who—\n(a) has received, in the course of NHS treatment or armed forces treatment overseas, infected blood treatment,\n(b) was subsequently diagnosed with an infection specified in paragraph (3), and\n(c) began, or continued, receiving the infected blood treatment during the period specified in paragraph (4).\n(3) The infections are—\n(a) HIV;\n(b) Hepatitis C;\n(c) Hepatitis B, where—\n(i) the infection caused the person’s death within a period of 12 months beginning with the date that—\n(aa) the infected blood treatment began, or\n(bb) the person’s Hepatitis B infection reactivated, or\n(ii) the infection did not cause the person’s death but continued for a period of at least six months beginning with the date that the infected blood treatment began.\n(4) The period specified for the purposes of paragraph (2)(c) is—\n(a) for a person diagnosed with HIV, 1st January 1982 to 1st November 1985;\n(b) for a person diagnosed with Hepatitis C, 1st January 1952 to 1st September 1991;\n(c) for a person diagnosed with Hepatitis B, 1st January 1952 to 1st December 1972.\n(5) Paragraph (2) does not apply to a person whom the IBCA is satisfied did not become infected with an infection specified in paragraph (3) as a result of the infected blood treatment.\n(6) This paragraph applies to a person who—\n(a) has received, in the course of NHS treatment or armed forces treatment overseas, infected blood treatment,\n(b) was subsequently diagnosed with an infection specified in paragraph (3),\n(c) began, or continued, receiving the infected blood treatment after the period specified in paragraph (4), and\n(d) satisfies the IBCA that the infected blood treatment caused the person to become infected with that infection.\n(7) Subject to paragraph (9), this paragraph applies to a person who has been diagnosed with an infection specified in paragraph (3) and who satisfies the IBCA that they became so infected as a result of its transmission to them from a person to whom paragraph (2) or (6) applies by means of—\n(a) sexual contact, where the person to whom the infection was transmitted and the person to whom paragraph (2) or (6) applies were in a long-term relationship at the time of the contact,\n(b) direct vertical transmission from mother to child,\n(c) accidental needle stick injury, or\n(d) another method of transmission resulting from living in close proximity to a person to whom paragraph (2) or (6) applies.\n(8) Subject to paragraph (9), this paragraph applies to a person who has been diagnosed with an infection specified in paragraph (3) and who satisfies the IBCA that they became so infected as a result of its transmission to them by a person to whom paragraph (7) applies by means of—\n(a) sexual contact, where the person to whom paragraph (7) applies and the person to whom the infection was transmitted were in a long-term relationship at the time of the contact,\n(b) direct vertical transmission from mother to child,\n(c) accidental needle stick injury, or\n(d) another method of transmission resulting from living in close proximity to a person to whom paragraph (7) applies.\n(9) Paragraphs (7) and (8) do not apply in relation to transmission caused by the sharing of needles for the purpose of intravenous drug use.\n(10) In this regulation—\n“armed forces” means the naval, military and air forces of the Crown, excluding the forces of a Commonwealth country other than the United Kingdom;\n“armed forces treatment overseas” means treatment received outside the United Kingdom by a person who was, at the time of their treatment—\n(a) acting in their capacity as a serving member of the armed forces;\n(b) acting in their capacity as a person employed by or in the service of the Government of the United Kingdom whose sole or main role was to work—\n(i) in support of the armed forces, or\n(ii) for or in support of the administration of the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus;\n(c) acting in their capacity as an employee of an organisation—\n(i) which provided support to the armed forces outside the United Kingdom, and\n(ii) for the employees of which the Government of the United Kingdom arranged or provided treatment;\n(d) a family member of a person acting in a capacity described in paragraphs (a) to (c) and who resided with that person;\n“infected blood treatment” means treatment with blood, blood products or tissue capable of transmitting HIV, Hepatitis B or Hepatitis C;\n“long-term relationship” means a relationship between two people where—\n(a) the people are married to each other or are civil partners of each other, or\n(b) the people—\n(i) could have married or formed a civil partnership if the rules that apply to marrying or forming a civil partnership, other than rules about marrying or forming a civil partnership with more than one person, on the date of the application applied at the time of the sexual contact described in paragraph (7)(a) or (as the case may be) (8)(a), and\n(ii) at that time, lived with each other, and no other person, as if they were married or civil partners;\n“NHS treatment” means—\n(a) treatment arranged or provided as part of the health service—\n(i) continued under section 1(1) of the National Health Service Act 2006;\n(ii) continued under section 1(1) of the National Health Service (Wales) Act 2006;\n(iii) continued under section 1(1) of the National Health Service (Scotland) Act 1978;\n(iv) under section 1 of the Health Services Act (Northern Ireland) 1948, section 1 of the Health Services Act (Northern Ireland) 1971, Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972 or section 2(1) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;\n(b) treatment—\n(i) administered under a direction or prescription given or issued by a registered medical practitioner or other medical or healthcare professional in a Crown Dependency, or\n(ii) arranged or provided by the government of a Crown Dependency.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "The IBCA is the Infected Blood Compensation Authority established by section 48(1) of the Victims and Prisoners Act 2024."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "2006 c. 41. Section 1(1) was substituted by section 1 of the Health and Social Care Act 2012 (c. 7)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2006 c. 42."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1978 c. 29."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1948 c. 3 (N.I.)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1971 c. 1 (N.I.). This Act repealed and replaced the Health Services Act (Northern Ireland) 1948."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "S.I. 1972/1265 (N.I. 14). This Order repealed and replaced the Health Services Act (Northern Ireland) 1971."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "2009 c.1 (N.I.). This Act repealed Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2025/9780348268843/regulation/3",
    "retrieved_at": "2026-10-30T14:39:35.762697+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}