OpenLegislation

The National Health Service (Clinical Negligence Scheme) Amendment Regulations 2002

S.I. 2002/1073 · Made 11 April 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL HEALTH SERVICE, ENGLAND

Made 11th April 2002

Laid before Parliament 15th April 2002

Coming into force 6th May 2002

The Secretary of State for Health, in exercise of the powers conferred by section 126(4) of the National Health Service Act 1977f1, and section 21 of the National Health Service and Community Care Act 1990f2 and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1977 c. 49; (“the 1977 Act”); section 126(4) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”) and paragraph 37(6) of Schedule 4 to the Health Act 1999 (c. 8) (“the 1999 Act”).

f2

1990 (c. 19) see for the definition of “regulations”, section 128(1) of the 1977 Act.

Contents

  1. 1Citation, commencement, interpretation and extent
  2. 2Amendment of regulation 1 of the principal Regulations
  3. 3Amendment of regulation 3 of the principal Regulations
  4. 4Amendment of regulation 4 of the principal Regulations
  5. Signature
  6. Explanatory note

1Citation, commencement, interpretation and extent

(1)

These Regulations may be cited as the National Health Service (Clinical Negligence Scheme) Amendment Regulations 2002, and shall come into force on 6th May 2002.

(2)

In these Regulations “the principal Regulations” means the National Health Service (Clinical Negligence Scheme) Regulations 1996f1.

(3)

These Regulations extend to England onlyf2.

2Amendment of regulation 1 of the principal Regulations

In regulation 1(2) of the principal Regulations (interpretation), in the definition of “relevant function” after the words “services in England” insert the words “or securing the provision of services” and for “paragraph 14 or 15” substitute “paragraphs 13, 14 or 15f1.”.

3Amendment of regulation 3 of the principal Regulations

Regulation 3(1) of the principal Regulationsf1 (eligible bodies) is amended as follows:—

(a)

at the end of sub-paragraph (c) omit the word “or”, and

(b)

at the end of sub-paragraph (d) add—

“, or

(e)

the Public Health Laboratory Service Boardf2.”.

4Amendment of regulation 4 of the principal Regulations

In regulation 4 of the principal Regulations (liabilities to which the Scheme applies) insert “(1)” at the beginning and at the end add the following paragraph—

“(2)

The reference in paragraph (1) to any act or omission to act on the part of a person engaged by a member includes any act or omission to act on the part of an employee or agent of the person so engaged.”.

Signature

Signed by authority of the Secretary of State for Health

Hazel Blears

Parliamentary Under Secretary of State

Department of Health

11th April 2002

John Heppell

Tony McNulty

Two of the Lords Commissioners of Her Majesty’s Treasury

11th April 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Clinical Negligence Scheme) Regulations 1996 which established a Scheme whereby NHS trusts and certain other bodies providing NHS services may make provision for meeting liabilities to third parties in connection with personal injury arising out of negligence in the carrying out of their functions.

Regulation 3 provides for the Public Health Laboratory Service Board to be eligible to participate in the Scheme.

Regulation 2 amends the definition of “relevant function” to include arrangements made for securing the provision of certain NHS services whether in England or elsewhere and regulation 4 provides that the liabilities to which the Scheme applies includes those in consequence of any act or omission to act on the part of any employee or agent of a person engaged by a member in connection with any relevant function of that member.