Explanatory note

These Regulations establish the Existing Liabilities Scheme for General Practice (the “Scheme”). They apply only in relation to services provided as part of the NHS in England and come into force on 6th April 2020.

The Scheme relates to tortious liabilities arising from incidents that occurred before 1st April 2019 in connection with the provision of primary medical services and other healthcare services provided by general practice as part of the NHS. In the main, the liabilities covered by the Scheme will be clinical negligence liabilities. Clinical negligence liabilities arising from incidents occurring from 1st April 2019 onwards are covered by the Clinical Negligence Scheme for General Practice which was established by the National Health Service (Clinical Negligence Scheme for General Practice) Regulations 2019 (S.I. 2019/334).

Regulations 2 and 4 define terms used in the Regulations. Regulation 3 establishes the Scheme and provides for it to be administered by the Secretary of State.

Regulation 5 specifies who is an eligible person under the Scheme. This is a person who is, or who, on the relevant date, was, a Part 4 contractor (a person contracted under Part 4 of the National Health Service Act 2006 to provide, or make arrangements to provide, primary medical services); a primary medical services sub-contractor (a person sub-contracted by a Part 4 contractor to provide primary medical services); a person providing ancillary health services; or a person, other than an employee, engaged by any of the above to provide or carry out an activity connected to the provision of primary medical services or ancillary health services. The “relevant date” is the date on which the act, or omission to act, giving rise to an existing liability, occurred. The definition of “ancillary health services” is found in regulation 2. These are NHS services, other than primary medical services, provided by a Part 4 contractor whose principal activity is to provide primary medical services, a primary medical services sub-contractor who satisfies this condition or a person sub-contracted by such a Part 4 contractor or primary medical services sub-contractor to provide the ancillary health services.

Regulation 6 specifies the existing liabilities to which the Scheme applies and the date from which it will apply to those existing liabilities. These are existing liabilities arising from acts, or omissions to act, of members, or former members, of a medical defence organisation that has entered into a contractual arrangement with the Secretary of State where, under such an arrangement, the Secretary of State is required to consider providing indemnity or assistance in respect of such acts or omissions. The acts and omissions in question are those connected to the provision of NHS services by general practice that occurred before 1st April 2019 and which result, or have resulted, in personal injury or loss to a third party.

Regulations 7 to 10 relate to payments under the Scheme, including regulation 9 which sets out circumstances in which the Secretary of State may decide that no payment is to be made.

Regulation 11 enables the Secretary of State to require an eligible person to provide information and assistance to the Secretary of State for the purposes of the Scheme.

Regulation 12 places a duty on the Secretary of State to make available to eligible persons any directions or guidance given by the Secretary of State for the purposes of the Scheme.

An impact assessment relating to this instrument has been prepared but is not publicly available as it contains legally privileged, confidential and commercially sensitive information. A summary of the impact assessment is published, with the Explanatory Memorandum to these Regulations, on www.legislation.gov.uk. Copies may also be obtained from the Department of Health and Social Care, 39 Victoria Street, London, SW1H OEU.