{
  "url": "https://openlegislation.uk/infected-blood-compensation-scheme-regulations-2025/regulation-3/enacted",
  "json_url": "https://openlegislation.uk/infected-blood-compensation-scheme-regulations-2025/regulation-3/enacted.json",
  "legislation": "uksi/2025/404",
  "legislation_title": "The Infected Blood Compensation Scheme Regulations 2025",
  "legislation_url": "https://openlegislation.uk/infected-blood-compensation-scheme-regulations-2025/enacted",
  "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 (1A), (2), (6), (7) or (8) applies to that person, whether or not that person is deceased.\n(1A) This paragraph applies to a person who is, or immediately before they died was, an infected SSP recipient.\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 at a time 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 times specified for the purposes of paragraph (2)(c) are—\n(a) for a person diagnosed with HIV, any time before 1st November 1985;\n(b) for a person diagnosed with Hepatitis C, any time during the period which begins with 1st January 1952 and ends with 1st September 1991;\n(c) for a person diagnosed with Hepatitis B, any time during the period which begins with 1st January 1952 and ends with 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 time 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 (1A), (2) or (6) applies (but see paragraph (7A)) by means of—\n(a) sexual contact, where the person to whom the infection was transmitted and the person to whom paragraph (1A), (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 (1A), (2) or (6) applies.\n(7A) For the purposes of determining whether paragraph (7) applies to a person (“A”), a person (“B”) is to be treated as a person to whom paragraph (2) or (6) applies if—\n(a) A has been diagnosed with the infection specified in regulation 3(3)(c), and\n(b) the only reason that paragraph (2) or (6) does not apply to B is that neither of the conditions described in paragraph (3)(c)(i) and (ii) is met.\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—\nacting in their capacity as a serving member of the armed forces;\nacting 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—\nin support of the armed forces, or\nfor or in support of the administration of the Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus;\nacting in their capacity as an employee of an organisation—\nwhich provided support to the armed forces outside the United Kingdom, and\nfor the employees of which the Government of the United Kingdom arranged or provided treatment;\na 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 , but does not include treatment consisting of a tissue transplant where the tissue was infected with HIV, Hepatitis B or Hepatitis C and, before the treatment, the recipient had been notified of the infection;\n“long-term relationship” means a relationship between two people where—\nthe people are married to each other or are civil partners of each other, or\nthe people—\ncould 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\nat that or any subsequent time lived with each other, and no other person at the same time, as if they were married or civil partners;\n“NHS treatment” means—\ntreatment arranged or provided as part of the health service—\ncontinued under section 1(1) of the National Health Service Act 2006;\ncontinued under section 1(1) of the National Health Service (Wales) Act 2006;\ncontinued under section 1(1) of the National Health Service (Scotland) Act 1978;\nunder 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;\ntreatment—\nadministered under a direction or prescription given or issued by a registered medical practitioner or other medical or healthcare professional in a Crown Dependency, or\narranged or provided by the government of a Crown Dependency.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "enacted",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 3(1) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Reg. 3(1A) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 3(2)(c) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(c)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Word in reg. 3(4) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(i)(aa)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Word in reg. 3(4) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(i)(bb)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 3(4)(a) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 3(4)(b) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(iii)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 3(4)(c) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(d)(iv)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Word in reg. 3(6)(c) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(e)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in reg. 3(7) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(f)(i)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in reg. 3(7) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(f)(ii)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Reg. 3(7A) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(g)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 3(10) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(h)(i)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 3(10) substituted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(h)(ii)(aa)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in reg. 3(10) inserted (31.12.2025) by The Infected Blood Compensation Scheme (Amendment) Regulations 2025 (S.I. 2025/1358), regs. 1(2), 3(2)(h)(ii)(bb)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 3 in force at 31.3.2025, see reg. 1(2)"
    },
    {
      "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/uksi/2025/404/regulation/3",
    "retrieved_at": "2026-10-28T21:18:04.224964+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."
}