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

S.I. 2002/1073 · made 11 April 2002

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.

Made under: National Health Service Act 1977 (Section 126); National Health Service and Community Care Act 1990 (Section 21)

PDFs: Printed copy https://openlegislation.uk/national-health-service-clinical-negligence-scheme-amendment-regulations-2002/pdf/uksi_20021073_en.pdf

## Introductory text

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 1977, and section 21 of the National Health Service and Community Care Act 1990 and of all other powers enabling him in that behalf, and with the consent of the Treasury, hereby makes the following Regulations:

## 1 Citation, 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 1996.
(3) These Regulations extend to England only.

## 2 Amendment 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 15.”.

## 3 Amendment of regulation 3 of the principal Regulations

Regulation 3(1) of the principal Regulations (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 Board.”.

## 4 Amendment 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.

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Source: https://www.legislation.gov.uk/uksi/2002/1073 (the official version)
Page: https://openlegislation.uk/national-health-service-clinical-negligence-scheme-amendment-regulations-2002
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.