Regulation 6 Liabilities to which the Scheme applies
Subject to paragraph (2), the Scheme applies to an existing liability where—
the Secretary of State has entered into a contractual arrangement with a medical defence organisation; and
under that arrangement, the Secretary of State is required to consider providing indemnity or assistance in respect of an act, or an omission to act, on the part of a member, or former member, of the medical defence organisation which gives rise to the existing liability.
The Scheme applies to an existing liability falling within paragraph (1) from 1st April 2021 or any earlier date determined by the Secretary of State.
The Secretary of State must publish any date determined under paragraph (2) in the London, Edinburgh and Belfast Gazettes.
In paragraph (1), “medical defence organisation” means an organisation—
that does not carry on activities for the purposes of making profits for distribution to its members or others; and
whose objects include the provision of professional indemnity cover, on a discretionary basis, for persons providing services as part of the health service.