Regulation 3 Insertion of regulation 9A into the National Health Service (Clinical Negligence Scheme) Regulations 1996

After regulation 9 of the National Health Service (Clinical Negligence Scheme) Regulations 1996 insert the following regulation—

“Payments on account

9A

(1)

Where, in any membership year, a payment (including a payment into court) falls to be made by a member in connection with a claim in respect of which a payment may become payable by the Secretary of State under regulation 9, the Secretary of State may make a payment on account of any amount which may become payable by him under that regulation.

(2)

Such payment on account may be made to or on behalf of the member.

(3)

Where the amount of any such payment on account exceeds the amount of any payment the Secretary of State subsequently determines to make under regulation 9 the excess shall be recoverable from the member.”