{
  "url": "https://openlegislation.uk/national-health-service-clinical-negligence-scheme-regulations-2015/regulation-5",
  "json_url": "https://openlegislation.uk/national-health-service-clinical-negligence-scheme-regulations-2015/regulation-5.json",
  "legislation": "uksi/2015/559",
  "legislation_title": "The National Health Service (Clinical Negligence Scheme) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/national-health-service-clinical-negligence-scheme-regulations-2015",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Membership of the Scheme",
  "text": "(1) Any eligible body which is a member of the Scheme immediately before the appointed day is to continue to be a member of the Scheme (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)).\n(1A) Every integrated care board is a member of the Scheme from the beginning of 1st July 2022 (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)).\n(2) Any eligible body which is not a member of the Scheme may apply to the Secretary of State to become a member of the Scheme.\n(3) An application under paragraph (2) must—\n(a) be in writing;\n(b) be made in such form and submitted in such manner as the Secretary of State may require;\n(c) specify a date on which the eligible body proposes that its membership should start; and\n(d) contain, or be accompanied by, such information as the Secretary of State may require.\n(4) At any time after receiving an application and before determining it, the Secretary of State may in writing require the applicant to provide such further information as the Secretary of State considers necessary for the purposes of determining the application.\n(5) Information that may be required under paragraphs (3) and (4) includes—\n(a) the nature of the applicant’s relevant functions;\n(b) the number of employees of the applicant who are engaged in the performance by the applicant of any relevant function, or any part of such function, which is specified by the Secretary of State;\n(c) the qualifications and experience of such employees;\n(d) the details of any claim made against the applicant in respect of personal injuries sustained by third parties as a result of the exercise by the applicant of any relevant function; and\n(e) such other information as the Secretary of State may request for the purposes of determining the application.\n(6) The Secretary of State must—\n(a) within 6 weeks of receiving an application made in accordance with requirements under paragraphs (3) and (4), determine whether or not to grant it; and\n(b) as soon as reasonably practicable, inform the applicant of the determination by a notice in writing which, if the application is granted, must specify the date on which the applicant’s membership is to start.\n(7) In determining whether to grant an application, the Secretary of State must have regard to—\n(a) the information provided by the applicant; and\n(b) such other factors as the Secretary of State considers relevant.\n(8) Where an eligible body’s application is granted, the body’s membership of the Scheme starts on the date specified in the notice under paragraph (6)(b).",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 5(1A) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 215(2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in force at 1.4.2015, see reg. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "By virtue of regulation 23 of these Regulations, a notice given under the regulation 7 of the National Health Service (Clinical Negligence Scheme) Regulations 1996 (termination of membership) has effect as if given under the corresponding provisions of these Regulations in any case where membership of the Scheme has not ceased by the date on which these Regulations come into force."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2023/948",
      "affecting_title": "The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2023"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/559/regulation/5",
    "retrieved_at": "2026-10-28T23:44:10.858281+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."
}