# The National Health Service (Clinical Negligence Scheme) (Wales) Regulations 2019, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
These Regulations, which apply in relation to Wales, make provision in connection with the Clinical Negligence Scheme for NHS Trusts and Local Health Boards in Wales (“the Scheme”). The Scheme enables members exercising functions in connection with the National Health Service in Wales to make provision for meeting liabilities to which the Scheme applies. These Regulations revoke and replace the National Health Service (Clinical Negligence Scheme) Regulations 1996 (S.I. 1996/251).
Regulation 3 sets out the Scheme’s purpose and provides that it will be administered by the Welsh Ministers. Regulation 4 lists the bodies eligible to become members and regulation 5 sets out the procedure for eligible bodies to become a member. Membership may be cancelled under regulation 6 by any member of at least 3 years standing. The Welsh Ministers may also cancel a body’s membership in accordance with regulation 7 on grounds which include non-payment of a member’s contribution to the Scheme.
Regulations 8 and 9 set out the liabilities to which the Scheme applies. Regulation 8 provides that the Scheme applies to contractual liabilities and liabilities in tort which a member owes to a third party in connection with personal injury or loss arising from negligent acts or omissions in the exercise of specified health service functions of the member. In the circumstances set out in regulation 9, the Scheme also applies to liabilities in negligence which a non-member owes to third parties and for which members of the Scheme are treated as liable. Regulation 9 provides that the member of the Scheme is to be treated as liable in respect of negligence liabilities that arose whilst relevant health services were being provided by non-members under an arrangement with a member of a Scheme.
Regulations 10 to 12 contain provision for the calculation (and in certain circumstances the revision) of amounts which members are required to contribute for the purposes of the Scheme and sets out when such contributions must be made.
Regulations 13 to 18 set out the circumstances in which payments are to be made by the Welsh Ministers under the Scheme to or on behalf of members. Regulation 13 deals with payments in respect of the liabilities of members, regulation 14 deals with payments in respect of the liabilities of former members in respect of events occurring during membership and regulation 15 specifies circumstances in which any such liabilities are excluded. Regulation 16 applies regulations 13 to 15 with modifications to the cases where specified members of the Scheme are treated as liable in respect of the negligence liabilities of others (as set out in regulation 9). Amounts to be paid are determined in accordance with regulation 17 and provision for the making of payments on account is contained in regulation 18.
Regulation 19 sets out the requirements for members to provide information to the Welsh Ministers for the purposes of the Scheme. Regulation 20 requires the Welsh Ministers to make available to eligible bodies any directions or guidance which the Welsh Ministers give to any body directed to administer the Scheme on behalf of the Welsh Ministers. Regulation 21 makes consequential amendments to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (S.I. 2004/478 (W. 48)). Regulation 22 revokes the National Health Service (Clinical Negligence Scheme) Regulations 1996.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a Regulatory Impact Assessment for this instrument as no impact on the private or voluntary sectors is foreseen.

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Source: https://www.legislation.gov.uk/wsi/2019/422/note (the official version)
Page: https://openlegislation.uk/national-health-service-clinical-negligence-scheme-wales-regulations-2019/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.